Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction with the aid of S.34 IPC - All accused had come armed, assaulted complainant together and thereafter left the place of occurrence together - Accused not only had common intention to kill the deceased but also actively participated in assaulting and giving blows to deceased together with other accused persons -..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Act of instigating the deceased to commit suicide must be in close proximity to the act of committing suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Incident alleged happened more than two weeks before the date of suicide - There is no allegation that any act was done in the close proximity to the date of incident - By no stretch of imagination, alleged acts can amount to instigation to commit suicide...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charges, Court is not required to undertake a meticulous evaluation of evidence and even grave suspicion is sufficient to frame charge...........
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11 -- Rejection of plaint - It is a decree within meaning of S.2(2) of CPC - It is appeal and not revision which lies thereagainst...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Documents referred in support of plea for rejection of plaint - Cannot be considered being not filed alongwith plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Suit for specific performance - Earlier suit for injunction was filed - At that stage cause of action to file suit for specific performance had not arisen - Plea that suit for specific performance is barred U.O.2.R.2 CPC deserves to be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - No amount of evidence or merits of the controversy can be examined at the stage of decision of application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar of O.2.R.2 CPC - Earlier suit for possession was filed - Subsequent suit filed for damages and use and occupation of the property after expiry of lease period - Cause of action in both the suits is different and there are different consideration for..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Court is first required to record its satisfaction before issuance of process u/s 82 Cr.P.C and non-recording of satisfaction itself makes such order suffering from incurable illegality...........
