Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issues - CPC confers no jurisdiction upon Court to try a suit on mixed issues of law and fact as a preliminary issue and where decision on issue depends upon question of fact, it cannot be tried a preliminary stage...........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 -- Preliminary issues - Issue of res judicata is a mixed issue of fact and law and it cannot be decided as a preliminary issue - It has to be decided on proper pleadings and evidence of parties...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Petitioner is in Canada since 2015 - No notice/proclamation was served upon him at the place of his residence and he was wrongly declared proclaimed offender vide impugned order in breach of prescribed procedure u/s 82 Cr.P.C - Order of declaring petitioner as proclaimed offender quashed along with all..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of new Commissioner and scrapping of report of Advocate Commissioner - Report of Advocate Commissioner cannot be scrapped on flimsy grounds - Defendants have already filed their objections to the report - Report of Advocate Commissioner by itself will not be a determining factor - It will only be a piece of..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Commissioner - Dismissal of application on the ground that it is for collecting evidence - Review filed thereagainst - The fact that there is conflict in the two reports of Tehsildar was neither mentioned in application filed U.O.39.R.7 CPC or in the application filed for review but this fact was mentioned in the written..........
Criminal Procedure Code, 1973, Section 482, 362 -- Altering or reviewing of judgment or final order - Except to correct a clerical or arithmetical error, applies to S.482 Cr.P.C. as well...........
Civil Procedure Code, 1908, Section 34 -- Interest - Delayed payments - Grant of interest in case of money decree - Only bank rate interest, being given by nationalized bank can be granted - Grant of interest @ 18% per annum reduced to 9% per annum...........
Indian Penal Code, 1860, Section 302, 34, 201, 120B -- Murder - Circumstantial evidence - Motive - Prior property dispute between parties - Prosecution failed to prove and establish that only accused had motive to commit murder of deceased - Rather other materials available on record would go to suggest that agnates who had deposed against accused had greedy eye on the..........
Indian Penal Code, 1860, Section 302, 34, 201, 120B -- Murder - Circumstantial evidence - Last seen evidence - Conflicting evidence on record on last seen circumstance put forward by prosecution - Prosecution has failed to establish that accused were last seen along with deceased - Last seen evidence not proved...........
Indian Penal Code, 1860, Section 302, 34, 201, 120B -- Murder - Circumstantial evidence - Recoveries made at the instance of accused would have some corroborative value only when prosecution could have proved and established chain of circumstances i.e motive and last seen which are not proved - There is complete lack of evidence on prior meeting of mind of accused or of..........
