Suit for damages - - Compensation - Injuries and disabilities suffered in an attack by defendants - Plaintiff remained unconscious for more than 6 days in Hospital due to such injuries - He is now suffering from seizure and epilepsy, though plaintiff was a healthy man before incident - Injuries were on head of plaintiff and it has affected his work as he was only a coolie..........
Indian Penal Code, 1860, Section 376, 302, 34 -- Rape and murder of minor girl - Testimony of most important PWs 8 & 9 contains too many loop holes - There are too many links of circumstantial evidence which point away from guilt of accused - Inaction of both these witnesses leads to doubt about involvement of accused - Conviction and sentence set aside - Accused..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - No evidence on record that wife is having adequate source of income - Amount of maintenance pendente lite @ Rs.5000 p.m as awarded by Family Court for wife and her daughter and Rs.1000 for attending each date of hearing cannot be said to be excessive...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- One opportunity to lead evidence granted by High Court - Petitioner did not lead evidence on three occasions - No reason much less a plausible reason brought fore to satisfy as to what prevented him from appearing on the scheduled date - Order closing evidence of defendant held, proper...........
Indian Penal Code, 1860, Section 302, 323, 324, 148, 149 -- Murder - Unlawful assembly - Four eye witnesses not only seen murderous assault upon deceased but were also injured in assault - Description of injuries made by witnesses and weapons used appear to be consistent with medical evidence - Unlawful assembly armed with various weapons and gathering in place of..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Dismissal of application - While dismissing application no opportunity was granted to petitioner to challenge the same since the final judgment was passed on the very same date - Approach adopted by appellate Court has led to serious miscarriage of justice - Denying a..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Additional evidence - Rebuttal - Recall of witness - Plaintiff examined patwari but he failed to bring official record with respect to khasra girdawari and pedigree table and for this plaintiff cannot be found fault with - At rebuttal stage, application has been made in time to examine concerned daftar kanungo who will bring..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Before releasing any property to interim custody of a person, it is necessary for Court to ensure that evidence is not lost, altered or destroyed...........
Criminal Procedure Code, 1973, Section 211 -- Charge - At the stage of framing of charge, Court is required to evaluate the evidence to find out prima facie case but is not required to go in detail every statement or every evidence which has been collected by the Investigating Officer...........
Civil Procedure Code, 1908, Order 13A, Rule 3 -- Summary judgment - Commercial dispute - O.13-A.R.3 CPC empowers Court to grant a summary judgment against defendant where Court considers that defendant has no real prospect of successfully defending claim and there is no other compelling reason why claim should not be disposed of before recording of oral evidence...........
