Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court reversing the order of acquittal finding it perverse - No infirmity...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Matter remitted - Trial Court directed to allow additional evidence with corresponding right to rebut and to decide matter afresh - Most of the documents already on record - Order to remit the matter to trial Court not warranted - High Court, being first appellate Court, is a Court of..........
Civil Procedure Code, 1908, Section 152, 153 -- Correction of decree - Old plot number sought to be replaced by new plot number in executing proceedings - No dispute regarding identity of land - Lack of due care by plaintiff/petitioner - Held, order passed by executing court/trial court allowing amendment is affirmed with modification that application of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 47, Rule 1 -- Rejection of plaint - Deficient court fee - Review - When order of rejection of the plaint was passed, counsel for plaintiffs failed to point out that plaintiffs had already deposited a substantial amount of Rs.1,74,800/- within permissible time limit which was considered by them..........
Criminal Procedure Code, 1973, Section 464, Indian Penal Code, 1860, Section 302, 149 -- Murder - Unlawful assembly - Framing of charge - Defect therein - Effect thereof - Charge on record shows that all nine accused charged u/ss 147, 452, 323, 302 of IPC - S.149 of IPC not mentioned with S.302 of IPC while framing charge - Appellants convicted u/s 149 - Proprietary of -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a), Civil Procedure Code, 1908, Order 41, Rule 27 -- Eviction of tenant sought on the ground of sub-letting - Eviction order passed - In first appeal sub tenant sought to produce evidence to substantiate his claim that he is direct tenant - Production of additional evidence rejected by Appellate Court -..........
Criminal Procedure Code, 1973, Section 173(8), 200, 202, 482 -- Reinvestigation - Criminal case cannot be sent to police for reinvestigation - However, it can be sent for further investigation on specific issues - In case Magistrate is not satisfied with the finding or the result of the investigation he himself can examine the complainant and other witnesses u/ss 200 and..........
Civil Procedure Code, 1908, Order 41, Rule 23,25 -- Remand order - Scope - Limited power - If appellate Court is of view that issues should have been recast then power lies with appellate Court itself to recast issues - O.41.R.25 applies when appellate Court notices omission on the part of trial Court to frame or try any issue or to determine any question of fact which..........
Criminal Procedure Code, 1973, Section 446 -- Imposition of penalty of bond amount of surety - Validity - As soon as accused met with his family members (sureties) they tried for his production - Quarrel took place - Appellant "G' immediately made a report to concerned police station where warrant of arrest was pending - Accused was taken into custody which was informed to..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Only in exceptional cases where there are compelling circumstances and the judgment under appeal is found to be perverse, appellate Court can interfere with the order of acquittal...........
