Civil Procedure Code, 1908, Section 11 -- Res judicata - Where two or more suits have been disposed of by one common judgment but separate decrees, there can be no `former suit' as stipulated by S.11 CPC - Non filing of an appeal against one or more of those suits ought not to preclude the consideration of other appeals on merits and the principle of res judicata would be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 220 -- Dishonour of Cheque - Joint trial - A single complaint can be filed in respect of dishonor of multiple cheques issued by accused in favour of complainant in respect of same transaction - Trial Court therefore committed no illegality in proceeding to conduct a common trial in..........
Indian Penal Code, 1860, Section 302, 34, 120B -- Murder - Common intention - Accused `M' merely stood outside home and did not even act as a guard as he did not prevent sole eye witness from entering the house - No evidence against accused `M' of formation or sharing of common intention with other accused persons - No evidence of having played any part in crime - No..........
Indian Penal Code, 1860, Section 302, 34, 120B -- Murder - Common intention - Accused with help of three co-accused committing murder of her step daughter - Occurrence witnessed by child witness aged 13 years who was working as servant - This witness identified accused persons in court - No reason for this child witness to tell lie as he did not know accused person before..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Search & seizure - Prosecution failed to connect accused with the alleged recovery of contraband - Prosecution has not explained at all in what manner conspiracy was hatched between two accused - Independent witness not examined by prosecution - Version of police that independent..........
Indian Penal Code, 1860, Section 306, 498A - - Abetment of suicide - Cruelty - Deceased died within seven years of her marriage under unnatural circumstances - Presumption u/s 113 A of Evidence Act is attracted - Repeated threats of demand of dowry made by accused - Common and live link runs through testimony of prosecution witnesses - Severe beatings that accused had..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 3 -- Rejection of plaint - Misjoinder of parties - Two different parties have been properly joined - Plaintiffs No.1 & 2 are husband and wife and they had entered into a lease and hire agreement with defendants - Whether terms of hire agreement was co-terminus with lease agreement are..........
Indian Penal Code, 1860, Section 376 -- Rape - Delay in lodging FIR - It is matter of common experience that when sex offence is involved delay stands generally explained - As sex offence brings scandal to family of prosecutrix and time wasted unnecessarily to decide whether it should be made public...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Appellants in pursuit of their common intention caused serious injuries to deceased which resulted in his death - It is not necessary for doctor to give a specific report to the effect that injuries were sufficient in ordinary course of nature to cause death - Medical evidence completely corroborates..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Appellants in furtherance of their common object committed murder of deceased by attacking him with dharia, axe and sword - No inordinate delay in sending FIR to court - Medical report shows that deceased suffered a violent death on account of multiple injuries - Motive of murder proved - Ocular evidence..........
