Civil Procedure Code, 1908, Section 11, Provincial Small Cause Courts Act, 1887, Section 15 -- Res judicata - SCC suit - Small Cause Courts has limited jurisdiction to go into the question of title incidentally for deciding the claim of landlord for a decree of ejectment and execution thereof - However, Small Cause Courts decide the cases in a summary manner and the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Averments of wife in petition u/s 125 Cr.P.C qua act of husband neglecting her have totally gone un-rebutted - Arguments advanced by husband regarding non-reading of pleadings and cross-examination of wife is wholly misconceived and is liable to be rejected - Maintenance rightly granted to wife...........
Indian Penal Code, 1860, Section 302, 34, 120B, Arms Act, 1959, Section 25(1B)(A) -- Murder - Circumstantial evidence - Ballistic report connects pistol recovered from appellant with the bullet recovered from the body of deceased - Said discovery and recovery is attributable to the disclosure statement provided by co-accused which is governed by Ss.8, 27 of Evidence Act -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of Domestic Violence case to Family Court - Original jurisdiction to file application u/s 12 of PWDV Act is only with jurisdictional Magistrate - Jurisdiction of Family Court and DV Act Court are concurrent - Transfer of such proceedings to Family Court would also take away the right of aggrieved women to avail the right..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint, during pendency of appeal, to seek alternative relief of earnest money in a suit for specific performance - Alternative relief sought does not amount to introduction of new cause of action - Application rightly allowed...........
Indian Penal Code, 1860, Section 304B, 498A, 302, 323, 307, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 32 -- Dowry death - Death by burning - Dying declaration - Deceased sustained 90% burn injuries - She in her dying declaration has stated that she is carrying pregnancy of eight months, but no such pregnancy was found in the medical evidence -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Manner in which petitioner, while wearing safety shoes, delivered kicks to deceased's stomach and private parts prima facie demonstrates his intent to cause his death - Safety shoes, when used as a weapon, can significantly increase the potential for inflicting serious or..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 333, 353, 504, 506, Explosive Substances Act, 1908, Section 3, 4 -- Bail - Murder - Applicant is in jail since last 4 years - Serious allegations were made against applicant - Being a police officer he has misused the trust which has led to death of his colleagues - Trial is..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Confession made by accused before Panchayat leading to recovery of dead body from remote forest area can be acted upon and made basis for conviction of accused - Place of recovery deep inside the forest and knowledge of it to accused raises a presumption u/s 106..........
Criminal Procedure Code, 1973, Section 197(2), Armed Forces (Special Powers) Act, 1958, Section 6, Indian Penal Code, 1860, Section 302, 307, 326, 201, 120B, 34 -- Sanction for prosecution - Murder - Sanction as required u/s 6 of 1958 Act has been declined by competent authority - FIRs in question cannot continue any further - However, since State has already assailed said..........
