Indian Penal Code, 1860, Section 363, 311, 370(5) -- Offence u/Ss.363, 311, 370(5) IPC - Bail - Issue is whether the High Court committed any error in passing various orders releasing the accused persons on bail? - It is established that a court considering a bail application cannot undertake a detailed examination of evidence and an elaborate discussion on the merits of..........
Defamation -- According to law of Torts, defamation is injury to reputation of a person - If a person injures the reputation of another he does so at his own risk, as in the case of an interference with the property...........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of victim duly corroborated by medical evidence - Witnesses of fact i.e. father of victim, victim herself and mother of victim, have supported prosecution case in all material aspects - Injury reported on the body of victim also corroborates prosecution story - Prosecution has successfully proved its case against..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - No dispute regarding identity or location of suit property - Even, there is no dispute regarding measurements of property - It is not a case of defendants that plaintiffs encroached their property - Relief sought by defendants to note down physical features is nothing but amount to..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff failed to produce any documentary evidence such as receipts or bank records to substantiate the alleged payment of Rs.14,00,000 - During her evidence, she vaguely stated that amount was adjusted from her dowry, but no further proof was submitted in support of her claim - Plaintiff also admitted that..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder - Fire arm shot - Report of ballistic expert - Where evidence of eye witnesses is contradictory to prosecution case, conviction cannot be made solely on basis of report of ballistic expert pertaining to recovery of weapon from accused or as regards its use, in the absence of any other substantive..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - There is no necessity to frame an issue, when parties are not at dispute on a particular fact or law - At times, despite pleadings when a specific issue is not framed, but when both parties to lis have let in evidence and rendered their arguments on a point, decision on which is intrinsically connected to main issue,..........
Criminal Procedure Code, 1973, Section 319, 482 -- Summoning of additional accused - Acquittal of main accused - Quashing of proceedings - If main accused are acquitted, no criminal proceedings can be sustained against other co-accused on same set of witnesses as there is no separate witness and on basis of testimony of same witnesses, accused were acquitted by trial Court..........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration - Correction in cheque amount - Accused put his signature with regard to correction - No explanation given by accused for such signatures - Even, counter signature made by complainant also not explained - Notice not replied - Rebuttal evidence also not given - Trial Court ought..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Necessity or occasion to transfer a suit from one Court to another Court would arise, if only, there exists in similarity of cause of action or commonality of parties...........
