Indian Penal Code, 1860, Section 302, 34, 392, Criminal Procedure Code, 1973, Section 378 -- Murder - Appeal against acquittal - High Court set aside conviction of accused upon finding that PWs.1 & 2 had occasion to see photographs and read the name of the accused from newspaper prior to T.I.P - Even, evidence of another witness is at variance with that of PWs.1 & 2 which..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Modification of order - Court is empowered to discharge, vary or set aside the order of injunction on an application made by any party, dissatisfied with the order of injunction, provided there is a change in the circumstances or the Court is satisfied that the order has caused undue hardship to that..........
Civil Procedure Code, 1908, Section 9, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34 -- Jurisdiction of Civil Court - Bar of - Suit claim as to entitlement of certain debentures on ground that order for attachment of same was obtained fraudulently - Plea that such relief already sought from Debt Recovery..........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Fraud - Pleading - Plea of fraud in obtaining certain orders from Recovery Officer - Furnishing of particulars with respect to order of attachment and directions issued by Recovery Officer, sufficient...........
Civil Procedure Code, 1908, Section 80 -- Notice - To be served upon Govt. and Public Officer who passed an order in exercise of his official capacity but not against a party against whom only consequential relief is sought...........
Criminal Procedure Code, 1973, Section 378(3) -- Acquittal - Appeal against - Application for grant of leave to appeal dismissed by non speaking order - Order of High Court set aside - Directions given to High Court to pass a speaking order...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 5, 35 -- Doctrine of merger - LPA against the order of Single Judge - LPA withdrawn after arguments - Held, such withdrawal of LPA would amount to merger of order passed by Single Judge with the order passed by the Letters Patent Bench...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 35, 5, 1 -- Writ Petition before High Court against order of lower court - Writ petition dismissed in limine - Held, order of lower court will merge in the order of High Court...........
Civil Procedure Code, 1908, Section 25 -- Transfer of a case from a Court subordinate to one High Court to a Court subordinate to another High Court - It is not the High Court but only Supreme Court which may order the transfer...........
Civil Procedure Code, 1908, Section 22, 23, 24, 25 -- Transfer of case - Law as to - Where several Courts having jurisdiction are subordinate to one appellate Court, an application for transfer may be made to such appellate Court and where such Courts are subordinate to the same High Court then application can be made to the High Court and in case two Courts are..........
