Criminal Procedure Code, 1973, Section 372 -- Proviso - Appeal by victim against acquittal - Victim is not required to seek leave to appeal as required in case of complainant...........
Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Evidence of prosecution witnesses No.1 to 5 are contradictory to each other regarding allegation against respondent Nos.2 to 5 and in absence of any injury received by the informant, the allegation of assault against respondent Nos.2 to 5 has rightly not been sustained - Acquittal of respondents Nos.2 to 5 calls for..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Release on superdari is just and expedient to avoid its becoming deteriorated in the police compound - Vehicle released on superdari...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Relationship between husband and wife is not disputed - Nothing on record to show that wife has deserted matrimonial home of her own will - Wife has no independent source of income - Husband being able bodied person cannot escape responsibility of providing maintenance to his estranged wife - Family Court..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Proceedings u/s 125 Cr.P.C - Wife sought transfer of case on the grounds of apprehension of danger to life and financial crisis - However, no ground for transfer of case from one district to another is made out - Rules 2020 gives choice to litigant to approach Court using digital technology - Digitization..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of eviction petition - Landlord by way of amendment sought additional prayer to the effect that vacant possession of suit property may be handed over to him - Such additional prayer will only clarify prayer clause of landlord without any prejudice to tenant - Application allowed...........
Civil Procedure Code, 1908, Section 11 -- Constructive res judicata - Where an issue could have been raised in earlier proceedings but has not been raised, principle of constructive res judicata would be attracted to deny relief, as it is not the policy of law that multiple proceedings should be initiated in Court in relation to same cause of action...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where cause of action for initiation of proceedings is a distinctive cause of action, principles of res judicata would not apply...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Partition suit - Plaintiffs have assigned a reasonable cause that due to having talks of compromise between parties and being out of city, they could not appear for their evidence - Application for restoration was well within limitation from date of having knowledge of dismissal of..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Relevancy or sufficiency of evidence cannot be adjudged by Court at the time of filing the same, as said aspect would be decided at appropriate stage - Rejection of application for production of document on the ground that documents are not relevant and not connected with subject matter of suit,..........
