Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of review application dismissed for want of prosecution - High Court without assigning any reason whatsoever and in a very casual manner allowed the application for restoration - No litigant should be permitted to be so lethargic and apathetic much less should be permitted to misuse the process of law - Order..........
Indian Penal Code, 1860, Section 302, 114 -- Murder - Presence of accused at the spot was proved beyond reasonable doubt - Nothing on record to establish that eyewitness or post occurrence witnesses were not present at the place of offence or PWs description of incidence was imaginary - Sufficient corroboration of eye witness account with depositions of post occurrence..........
Indian Penal Code, 1860, Section 302, 84 -- Murder of grandfather - Plea of insanity - Accused after attacking deceased with a sharp edged weapon trying to take out windpipe from neck of deceased - This action of accused was weird and abnormal - This clearly shows that accused was suffering from insanity at the time of incident - Benefit of S.84 IPC rightly extended to..........
Indian Penal Code, 1860, Section 302, 84 -- Murder of grandfather - Plea of insanity - Abnormal/insane behaviour of accused at the time of assault and immediately thereafter is worth notice - Star witness of prosecution stated that accused was fond of deceased and he loved deceased a lot - When accused was arrested, PW14 medically examined him and found that he appeared to..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - To take possession of suit property and manage the same - Trial Court dismissed the application by holding that plaintiff neither choose to adduce any oral evidence nor marked any supportive document - It was argued that respondents were involved in acts of waste and mismanagement and that trial..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Witnesses to prove or disprove any facts in dispute - By no stretch of imagination can be stated to be either proper party or necessary party...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party -As against the proposed defendants plaint averments do not indicate any cause of action and right to sue - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Eviction decree - Stay was granted subject to condition of payment of rent/damages - However, trial Court did not grant any damages/rent in decree - Trial Court has only ordered that plaintiff is entitled to claim damages if possession of property is not delivered pursuant to said decree by way of filing a..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross examination - Permission sought when case was fixed for defendant's evidence - Defendant intends to further cross-examine PW1 on procedural aspects fixed by vendor of plaintiffs on various acts at the time of execution of sale deed - Said aspect came to knowledge of defendant on conclusion of..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Non-providing of proper medical aid to ones wife to enforce demand of dowry will come within definition of cruelty as enunciated u/s 498-A IPC...........
