Criminal Procedure Code, 1973, Section 374(2) -- Appeal against conviction - While hearing appeal u/s 374(2) Cr.P.C., High Court is exercising its appellate jurisdiction and there has to be an independent application of mind in deciding criminal appeal against conviction - It is duty of an appellate Court to independently evaluate evidence presented and determine whether..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5(8) -- Order passed u/s 5(8) of the Act - Petitioners without availing appropriate remedy before appellate authority u/s 16(3) of Maintenance and Welfare of Senior Citizens Act, approached High Court - Liberty is thus, granted to petitioners to approach District Collector to file an appeal against..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210 -- Cognizance of offence - After addition of charge u/s 394 IPC - When allegation was that witnesses had made certain statements before Police, which was recorded u/s 161 Cr.P.C, it was duty of prosecution to produce all such statements to Court, which was not done - Trial Court was required to call upon Police to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430 -- Suspension of sentence during pendency of appeal - Rape case - Appellant had already suffered incarceration for almost 10 years - Even, if Court accepts the sentence of 20 years imposed by High Court, appellant has still undergone half of sentence - Sentence suspended during pendency of appeal...........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay - Purpose and requirement of filing an application U.O.41.R.3A CPC along with a time barred appeal is mandatory in the sense that appellant cannot without such an application being decided insist upon Court to hear his time barred appeal - However, no penalty of rejection or dismissal of a time..........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - While scheme Cr.P.C. (now BNSS) provides concurrent jurisdiction to High Court and Sessions Court for entertaining applications for anticipatory bail - However, High Court should always encourage exhausting an alternative/concurrent remedy before directly..........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - Murder in broad daylight with the aid of hired assassins on contract - History of tense relations between parties - In view of serious nature of allegations against accused/respondents and gravity of offences alleged, High Court was not justified in passing..........
Criminal Procedure Code, 1973, Section 438 -- (Bhartiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - High Court granted anticipatory bail to respondent No.2 on the ground of parity with accused `V' - There is no question of parity between accused `V' and respondent No.2 as former was granted regular bail, unlike anticipatory bail as granted to respondent..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court can entertain regular second appeal purely on a "substantial" question of law not even a question of law or a question of fact - If no substantial question of law arose in the case then appeal could not have been entertained and ought to have been dismissed at the stage of..........
Evidence Act, 1872, Section 63(2), (3), 65(c) -- Secondary evidence - Xerox copy of original cheque - Trial Court itself received original cheque, verified the same and returned to petitioner on the same date, on retaining xerox copy of same - Trial Court thus, only after due enquiry, satisfaction and comparison had returned the original cheque to petitioner after..........
