Indian Penal Code, 1860, Section 364A, 307, 149 -- Nature of offence - Offence u/ss 364A, 307, 149 IPC - Whether the evidence on record satisfies the ingredients of Section 365 of IPC - When the boy was retrieved inside the kuthia, his hands were tied with rope and mouth was also closed with some cloth and the rope was opened by the police and the said rope and cloth have..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Appeal cannot be left pending just because a collateral issue or a question of mere procedural importance has cropped up which may demand calling for further evidence and may require inquiry...........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Where death of one of accused is disputed and is contested and if Court cannot came to any concrete conclusion, it may register a separate miscellaneous case to decide upon death of such accused and to proceed with appeal of rest of accused...........
Civil Procedure Code, 1908, Section 96 -- Appeal - An appeal can be preferred only against a decree and not against any adverse finding recorded by Court below...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where suit of plaintiff dismissed on one point, issue or finding recorded against defendant cannot be challenged by him by preferring an appeal, it cannot be said that such issue and finding has been finally decided - Same cannot be held to be operative as res judicata against defendant...........
Hindu Marriage Act, 1955, Section 15 -- Ex parte divorce decree- Re-marriage - S.15 of the Act does not make any distinction between contested decree and an ex parte decree - Therefore, in case of an ex parte decree of divorce it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within period of limitation...........
Hindu Marriage Act, 1955, Section 15 -- Decree of divorce - Re-marriage - Bar or impediment to contract second marriage operates during pendency of appeal only if an appeal is preferred within period of limitation...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Wife had been duly served with summons in divorce petition - There is no irregularity in service of summons - Wife had handed over the copy of divorce petition to her advocate which leads to conclusion that she had notice of date of hearing and had sufficient time to..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Leave to appeal - Can be granted where view taken by Court while acquitting accused is clearly unreasonable...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Challenged in appeal on the ground that wife has performed second marriage during pendency of divorce petition - This fact yet to be proved by cogent evidence - Allowing claim of wife for interim maintenance, cannot be faulted with - Interim maintenance rightly granted to wife...........
