Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - To take possession of suit property and manage the same - Trial Court dismissed the application by holding that plaintiff neither choose to adduce any oral evidence nor marked any supportive document - It was argued that respondents were involved in acts of waste and mismanagement and that trial..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where additional evidence sought to be adduced removes cloud of doubt over the case and evidence has a direct and important bearing on the main issue in the suit, such application may be allowed - It depends upon whether appellate Court requires evidence sought to be adduced to enable..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Defendant in spite of due diligence could not produce these documents before trial Court - Had these documents were placed before trial Court, it would arrive at a just conclusion on main issue of plaintiff's share in suit property - Appellate Court would require this..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 411 -- Examination of accused - Offence u/s 411 IPC - None of material circumstances forming basis of conviction of accused `M' were put to him - Not even a single question regarding stolen articles was posed to him - Instead, irrelevant and abstract questions about main incident of robbery were..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Appellate Court suspended sentence till disposal of main appeal on a condition of depositing 20% of the compensation amount - Extension of time - Reason for non deposit due to ill health of petitioner's son - Direction issued to deposit 20% of cheque amount instead of 20% of compensation amount..........
Indian Penal Code, 1860, Section 323, 34 -- Offence u/ss 323, 34 IPC - No cogent and positive evidence available to prove or establish the fact that accused assaulted deceased - PWs stated that main accused kicked the deceased on her stomach and nowhere they have whispered about any overt acts of accused - Guilt of accused not proved - In the absence of any incriminating..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Injured witness/PW2 gave statement contrary to FIR - Testimony of injured witness is not reliable - PW2 did not know the name of father of deceased but in FIR name of father of deceased was written which was result of handiwork of police - No explanation as to why dead body of deceased reached from Najibabad to..........
Criminal Procedure Code, 1973, Section 82 -- Issuance of Non-bailable Warrant (NBW) and proclamation u/s 82 Cr.P.C - Main accused have already been acquitted by Court - Since the allegations against petitioner are not distinct and separate when compared with other acquitted accused persons, therefore, no purpose would be served, if petitioner is tried for same offences, as..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Right to claim maintenance and expenses during pendency of proceedings under the Act is a special right bestowed on disadvantageous spouse, irrespective of result of main relief u/s 13 of Hindu Marriage Act...........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Court fee - Main relief sought for declaration of possession and permanent injunction - Alternative prayer for recovery of money - In case alternative relief is to be granted then as a condition precedent plaintiff has to be given an opportunity to affix ad valorem Court..........
