Indian Penal Code, 1860, Section 304A -- Death due to rash and negligent driving - Conviction - Validity - A passenger, while boarding a bus, fell down therefrom as vehicle moved forward and died - No witness said, including conductor, that driver moved vehicle before getting signal to move forward - Held, negligence of driver cannot be presumed - Conviction set aside -..........
Agreement to sell -- Suit for specific performance - Agreement executed by defendant to sell property owned by her and her son-in-law - Both plaintiff and defendant aware that defendant had title only to half share in the property - S.12 Specific Relief Act is not applicable to such a case - It applies only to cases where the parties to the agreement subsequently found..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Delay of 161 days - `Forgetfulness' the only reason - Delay condoned - Appeal restored to be heard and disposed of on merits...........
Agreement to sell -- Suit for specific performance - Vendor found on fault by the Court in second appeal and directed to execute sale deed reversing the decree of both the Courts below - He cannot be accused of delay which took place during proceedings in the Court - Vendor is entitled to interest on the amount of remaining sale consideration @ 12%...........
Civil Procedure Code, 1908, Order 47, Rule 1(a) -- Review - Can be filed at any time before SLP is granted - Review petition can be filed even after SLP is dismissed - Refusal to grant leave to appeal does not attract doctrine of merger...........
Doctrine of merger -- An order refusing special leave to appeal may be a non speaking or a speaking order - In either case it does not attract doctrine of merger...........
Doctrine of merger -- Refusing SLP by a speaking order i.e. where reasons have been assigned - Still the order remains the one rejecting prayer for the grant of leave to appeal - Doctrine of merger does not apply - However, the law stated or declared by Supreme Court in the order shall attract applicability of Article 141 of the Constitution...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 465, 34 -- Forgery - Common intention - Quashing of summoning order - Validity - Complaint specifically alleged that all three accused had in a sense together forged document which was presented in Court - Held, High Court not justified in quashing order summoning accused Nos. 1 and 3 - Impugned..........
Indian Penal Code, 1860, Section 376 -- Rape - Gang rape - Appeal against conviction - FIR lodged after 11 days of incident - Proseuctrix committed suicide after 5-1/2 months - Statement of proseuctrix did not directly state any fact regarding cause of death - Proseuctrix did not disclose her mind at or about time of making statement for committing suicide on account of..........
Civil Procedure Code, 1908, Order 22, Rule 3, 11 -- Death of appellant/defendant during pendency of appeal against decree for damages for malicious prosecution - L.Rs. have a right to prosecute the appeal for establishing that their deceased father was not guilty of malicious prosecution - Right to prosecute the appeal survives and the petitioner can maintain the petition..........
