Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 295A -- Bail - Offence u/s 295-A IPC - Admittedly, petitioner is ailing and is suffering from bipolar disorder and schizophrenia from year 2017 onwards - In view of her mental condition, it would be a matter of adjudication during trial as to whether she had necessary mens rea to commit offence in..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Partition suit - Partition being a recurring cause of action would not be hit by doctrine of res judicata - There cannot be any bar to the number of suits which may go on between members of a Joint Hindu Family qua joint property and even between co-owners with regard to joint property...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendment is based on mere assumptions and presumptions of petitioner - Nothing fruitful would be gained in allowing such amendment - Even, proposed amendment is not necessary for determining real controversy between parties - Application filed at the final stage of trial is just to..........
Civil Procedure Code, 1908, Order 20, Rule 12A -- Decree for specific performance - Non-deposit of balance sale consideration - DH has not shown any readiness to deposit balance sale consideration with trial Court even within extended time of 2 months - He never moved any application for extension of time - Executing Court wrongly assumed that time stands extended once..........
Evidence Act, 1872, Section 112, Criminal Procedure Code, 1973, Section 233 -- DNA test - To prove innocence of accused and not to establish relationship between applicant and informant - No impinge on personal liberty and right to privacy or family members...........
Evidence Act, 1872, Section 112, Criminal Procedure Code, 1973, Section 233 -- DNA test - Murder case - Incident alleged to have taken somewhere else - DNA test of blood sample of informant or his relative with the blood stained earth recovered from the alleged place of occurrence - It is a must to ascertain and test the truthfulness of prosecution case - DNA test allowed...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court in acquittal appeal is not required to rewrite judgment or to give fresh reasoning, when reasons assigned by Court below are just and proper...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession of suit land based on title - Plaintiff by producing allotment order has proved her title and by producing khatiyans has proved her possession over suit land - Allotment order is document of title and it can be accepted as document of title - Khatiyans are revenue record and it..........
Civil Procedure Code, 1908, Section 9, Tripura Land Revenue and Land Reforms Act, 1960, Section 188 -- Suit for recovery of possession of suit land based on title - Maintainability of suit - Suit for plaintiff is not barred by S.188 of TLR & LR Act or by S.9 of CPC as contended defendant - Claim of relief of plaintiff can no way be entertained by Revenue Court and the so..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 324, 34 -- Benefit of probation - Offence u/ss 324, 34 IPC - Accused are first offenders and aged persons - Appeal against conviction is of the year 1984 - Benefit of probation thus, given to accused...........
