Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - If Court is of the view that a question framed is to be altered, deleted or a new question is to be added, then Court must hear the parties...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Court sitting in second appellate jurisdiction is to frame substantial question of law at the time of admission, save and except in exceptional circumstances - Post such framing of questions Court shall proceed to hear the parties on such questions, i.e., after giving them adequate..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When overturning findings of fact, Court will be required to call for the records of Trial Court or if placed on record, peruse the same and only then question the veracity of conclusions drawn by Court below...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Death of complainant or non-availability of complainant at the time of trial cannot be said to be fatal to case of prosecution, nor could it be said to be a ground to acquit accused - It is always open for prosecution to prove contents of complaint and other facts in issue by leading..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Accused in his explanation u/s 313 Cr.P.C had accepted receipt of alleged amount - However, defence taken by accused that acceptance of tainted currency by him was towards Audit fees of Society was not proved by him - Pre-trap and post-trap proceedings were..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents in question not relevant in the case and thus, same cannot be admitted - Application dismissed...........
Indian Penal Code, 1860, Section 323, 324, 452, 506, 34 -- Offence u/ss 323, 324, 452, 506, 34 IPC - Property dispute between parties - Possibility of injuries being self inflicted not denied by doctor - Accused was not present at the place of incident at the relevant time as per their mobile location - Material variation between statements of complainant and CW2 -..........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Leave to appeal - At the stage of considering application for grant of leave to appeal, there cannot be re-appreciation of evidence...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Proceedings u/s 125 Cr.P.C are primarily civil in nature and summary proceedings and strict rules, rules of evidence are not applied by Courts in summary proceedings - Impugned order of rejection of application by Court below taking hyper technical approach that marriage of husband with wife has not been..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After completion of evidence of parties - Case of parties was known to other from beginning - Pleadings having been exchanged and evidence having been led, no second opportunity may easily arise to change the stand already taken - Application rightly dismissed...........
