Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - No pleading of the defendant in written statement regarding documents sought to be produced - Application rightly rejected...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Appellate Court can remand a case against a decree of lower Court disposed of otherwise on a preliminary point if decree is reversed in appeal and retrial is considered necessary not otherwise...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Partition suit along with cancellation of sale deed - Trial Court partly decreed the suit in favour of plaintiff but refused to grant relief in respect of sale deed - However, trial Court delivered the judgment without disposal of application filed u/s 45 of Evidence Act in which plaintiff specifically pleaded that..........
Indian Penal Code, 1860, Section 34 -- Common intention - To bring a case within S.34 IPC, it is not necessary to prove prior conspiracy or premeditation - It is possible to form a common intention just before or during the occurrence...........
Indian Penal Code, 1860, Section 302, 325, 34 -- Murder - Common intention - Bullet was fired by A-3 as a result of which deceased lost his life - Even, without applicability of S.34 IPC, A-3 could have been convicted for offence punishable u/s 302 IPC...........
Indian Penal Code, 1860, Section 302, 325, 34 -- Murder - Common intention - Testimony of eye witnesses are of a very sterling quality - Accused were together and were in the company of main accused/A-3 and they acted in concert - They were carrying lathi and A-3 was moving with a musket - There was time available for the meeting of minds - Thus, existence of common..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For the purpose of deciding an application for rejection of plaint, only averments made in the plaint are to be taken into consideration...........
Court Fees Act, 1870, Section 7, Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Claim of damages of 10 crores - In a suit for damages, ad-valorem Court fee is payable on the amount of damages claimed - Order rejecting application for rejection of plaint, set aside - Matter remanded...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Mere production of document cannot be held to be due proof of its contents...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Power u/s 391 Cr.P.C is akin to power U.O.41.R.27 CPC and such power is to be exercised sparingly in a suitable case and additional evidence cannot be tendered as a matter of right at the appellate stage...........
