Civil Procedure Code, 1908, Section 21 -- Pecuniary jurisdiction - Objection as to - Appellant did not raise objection as to pecuniary jurisdiction of trial Court in first appeal - Even, there is no whisper of averment/contention as to how appellant suffered prejudice on account of lack of Pecuniary jurisdiction if any - Appellant not permitted to raise objection as to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - To note down physical features - A further clarity would be obtained to localize the suit property with boundaries and by doing so no prejudice would be caused to parties...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6A -- Rejection of counter claim - Counter claim filed much after framing of issues as well as filing of additional written statement - Allowing counter claim would relate back to date of filing of dispute and date of impleadment of petitioners as opponent in dispute application i.e in..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking of defence - Non-deposit of rent - On failure to deposit rent during pendency of suit on a monthly basis, there could be no escape from consequences or rigour of O.15.R.5(1) CPC...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Provision of review is not to scrutinize correctness of decision rendered rather to correct error, if any, which is visible on the face of order/record without going into as to whether there is possibility of another opinion different from one expressed...........
Criminal Procedure Code, 1973, Section 164 -- Non examination of statement u/s 164 Cr.P.C. - Has no relevance or bearing to findings and conclusions arrived at by Courts below - It was for I.O to have got statement u/s 164 Cr.P.C recorded - If I.O did not think it necessary in his wisdom, it cannot have any bearing on testimony of PW1 and other material evidence led during..........
Indian Penal Code, 1860, Section 302, 149 -- Murder of four persons of family - Testimony of PW1 - Two daughters of deceased `V' having seen assailants murdering their family members and also causing injury to one of them i.e PW1 - Injuries to PW1 have not been challenged - She fully supported prosecution case as narrated by her in her statement u/s 161 Cr.P.C - Even..........
Indian Penal Code, 1860, Section 302, 149 -- Murder of four persons of family - Pressing of dog squad into service - Dog squad had been pressed into service as per FIR since names of assailants were not known - Even, at the time when PW1 was admitted to hospital, names of assailants had not been disclosed deliberately and for justifiable reasons - Daughters of deceased `V'..........
Criminal Procedure Code, 1973, Section 439 -- Bail - At the stage of adjudicating bail application, Court is not inclined to delve into quality or quantity of evidence, but to see whether delinquent appears to have committed crime and he is entitled for bail or not...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Murder - Two dying declarations - Contents of both the dying declarations are same - Nothing on record to suggest that police or treating doctors had any animosity with accused - Victim was a young lady who succumbed to burn..........
