Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court has full power to review the evidence upon which the order of acquittal is founded - Appellate Court on the basis of evidence before it may reach its own conclusions both on questions of fact and of law - If findings of trial Court are palpably wrong, manifestly erroneous or..........
Criminal Procedure Code, 1973, Section 439(2) -- Provisional bail - Cancellation of - Modification thereof - Petitioner was granted provisional bail to enable him to arrange money which was required to be deposited with complainant - Petitioner did not make any effort to comply with the order - Order granting provisional bail cancelled and petitioner was directed to..........
Indian Penal Code, 1860, Section 406, 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Complaint filed as a counter blast to the proceedings initiated u/s 138 of Negotiable Instruments Act - Summoning order u/ss 406/420 IPC - A fabricated letter produced with the plea that entire amount was paid and even on receiving the..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Finding of exoneration recorded by Investigating Agency - Cannot be given priority over the finding recorded by a Judicial Court - Order of trial Magistrate summoning additional accused on the basis of contents of complaint, first information report and also substantive testimony of complainant at trial..........
Criminal Procedure Code, 1973, Section 190, 319 -- On police report cognizance taken against one accused - Name of petitioner appeared in FIR - Sufficient material against petitioner - Trial or inquiry not yet commenced - Held, there is no error in order issuing process also against petitioners on application of complainant filed on same day...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366 -- Murder - Death sentence - Confirmation of death sentence - Conclusions of High Court sketchy - Some of the conclusions were contrary to record - Almost all conclusions are based on surmises and conjectures - Order of High Court set aside - Case remanded back for fresh consideration...........
Criminal Procedure Code, 1973, Section 362, 482 -- High Court directed registration of case - Application filed for review of order - There was no change in circumstances - Application dismissed - Held: (a) High Court cannot withdraw the order in exercise of inherent powers u/s 482 of the Code; (b) High Court can review the order if there was change in circumstances...........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Tests to determine as to whether an order passed by a Court is a decree or not are : (i) There must be an adjudication; (ii) Such adjudication must have been given in a suit; (iii) It must have determined the rights of the parties with regard to all or any of the matters in controversy in the suit; (iv) Such..........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 47 -- Lis pendens - Execution - Alienation made during pendency of a litigation is hit by the principles of lis pendens and the alienee acquires no title - Even otherwise subsequent purchaser if purchased any part of the property can file a petition u/s 144 CPC after the decree holder recovers..........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Tests to determine as to whether an order passed by a Court is a decree or not are : (i) There must be an adjudication; (ii) Such adjudication must have been given in a suit; (iii) It must have determined the rights of the parties with regard to all or any of the matters in controversy in the suit; (iv) Such..........
