Consumer Protection Act, 1986, Section 17 -- Revision - Ex parte order - District Forum passing the impugned order, though ex parte , yet based on merits of the case and a reasoned one - Same cannot be challenged in the revision - It was for the revisionist to have filed an appeal against the impugned order...........
Civil Procedure Code, 1908, Section 100, Succession Act, 1925, Section 63 -- Finding of fact - Interference with - Question of believability of will - No question of law - Finding of fact recorded by lower Court based on evidence - Cannot be interfered with in second appeal...........
Indian Penal Code, 1860, Section 302 -- Murder of wife - Defence plea that wife committed suicide not corroborated by medical evidence - Circumstantial evidence that husband and wife not leading a congenial marital life, unnatural conduct of accused subsequent to the incident, spot map showing that the rafter of the roof was at such height as was unapproachable for..........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction by trial Court - Acquittal by High Court - Conviction based on version of prosecutrix which was corroborated by medical evidence and the evidence of Chemical Reports of Forensic Science Laboratory - High Court in appeal reappreciated evidence and recorded acquittal on certain infirmities which were insignificant -..........
Indian Penal Code, 1860, Section 302, 149, 148, 323 -- Murder - Conviction - Appeal against - Incident occurred in midnight on roof of house of deceased - PW1 wife was the sole eye witness, sleeping on roof - Brother of deceased lodged FIR who described the availability of moon light - It had rained in first half of night - Possibility that it was cloudy was strong and it..........
Motor Accident -- Appellant a minor of 9 years, suffering injury in right hand - Disability assessed at 20% - Loss of earning capacity - Tribunal assessed compensation at Rs.20,000/- and High Court increased it by Rs.5000/- - Held compensation awarded is not adequate and the same increased from Rs.35,000/- to Rs.50,000/- - Appeal allowed in part...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Appeal against dismissal of suit by trial Court - Since withdrawal will have effect of destroying or nullifying decree effecting thereby rights of parties which came to be vested under decree as such the same cannot be permitted at appellate stage...........
Indian Penal Code, 1860, Section 302, 34, 302, 120B, 302, 109, 307, 324, Explosive Substances Act, 1908, Section 3, 5 -- Nine accused tried for murder by criminal conspiracy - Explosives thrown in a broad day light at jail gate when victim was in judicial custody causing fatal injuries to police and passerby - A1, A2, A7 and A8 convicted, A3 & A9 acquitted, A4, A5 & A6..........
Indian Penal Code, 1860, Section 302, 324, 323, 34, 120B -- Murder - Appeal against acquittal - Acquittal of the accused held to be on flimsy grounds - The view taken by the trial Court not borne out from the record - The only view which was possible was about the guilt of the accused having been proved beyond shadow of doubt - Judgment of the Additional Sessions Judge set..........
Criminal trial -- Appeal against conviction - In a criminal appeal, a duty is enjoined upon the appellate court to reappraise the evidence itself and it cannot proceed to dispose of the appeal upon appraisal of evidence by the trial court alone especially when the appeal has been already admitted and placed for final hearing...........
