Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Lower Appellate Court while allowing application held that the documents sought to be produced are required by the Court to deal with the controversy in an effective and judicious manner and these documents will certainly help the court in adjudicating the controversy in just and fair..........
Criminal Procedure Code, 1973, Section 248(2) -- Quantum of sentence - Crimes relating to offences against women, dacoity, kidnapping, misappropriation of public money, treason and other offences involving moral turpitude or moral delinquency which have great impact on social order, and public interest, per se require exemplary treatment - Any liberal attitude or taking..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment sought at appellate stage - Suit for specific performance - By amendment relief of possession sought - Recovery of possession of property is an ancillary relief - Relief which is omitted can be claimed at any stage of the proceedings - Order allowing amendment, upheld...........
Prevention of Food Adulteration Act, 1954, Section 16, 17, Criminal Procedure Code, 1973, Section 433 -- Conviction under POFA Act - Accused sentenced to six months RI - High Court imposed fine of Rs.6, 000/- and commuted the sentence - Order of High Court set aside - High Court cannot commute the sentence - Accused may move the Govt. to commute the sentence of..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Order of High Court unreasoned - Reasons must be given in support of the conclusions arrived in a judgment - Reasons introduce clarity in an order - Reasons howsoever brief in order is indicative of an application of mind - Impugned order without reasons set aside and matter remitted for decision afresh...........
Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Presence of counsel is presence of party - When a party is present and no evidence is led on the adjourned date of hearing then Court is to proceed under rule 3 and not under 2 of order 17 - Order of trial Court proceeding under rule 3 upheld...........
Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Scope and object - O.17.R.2 applies where a party fails to appear on an adjourned date - R.3 applies where a party fails to adduce evidence or perform other duty - Two situations are visualized under R.3 viz. (a) when the parties are present, and (b) when the parties or any of the party is not present - As per provision of..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court has power to review the entire evidence - An order of acquittal will not be interfered with when judgment of trial Court is based on evidence and the view taken is reasonable and plausible and order of trial Court not to be reversed merely because a different view is possible...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Order granting bail without reasons - Non consideration of the relevant factors like nature of offence, evidence collected by prosecution and forming part of the charge sheet and circumstances under which offence was committed - Order granting bail set aside...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Discretion to be exercised in a judicial manner with care and caution - At the stage of granting bail an elaborate examination of evidence and detailed reasons touching merits of the case is not required - However, there is a need to indicate in the order reasons for prima facie concluding why bail was granted..........
