Indian Penal Code, 1860, Section 302, 34, 120B -- Murder - Testimony of eye witness - Accused assaulted deceased with iron pipes, sticks and iron rods - PW2 accompanying deceased on motorcycle - He ran away from the place of incident and returned with his friends - Credibility of PW2 as an eye witness not doubtful - PW10 an independent witness corroborated PW2 in all..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Suit property was mortgaged with Bank - However, Bank is not necessary party in a suit for possession by way of specific performance, particularly when decree for recovery of amount was passed...........
Indian Penal Code, 1860, Section 302 -- Murder - Incident occurred in presence of two eye witnesses who were acquainted with both the accused - I.O has objectively determined spot by preparing spot map - Chemical examination report shows that grass leaves, straw, Bamboo Kani, torn cloth seized from spot were stained with human blood - This aspect in fact corroborates..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Petition by husband - Application seeking maintenance for children and for recovery of money due towards past maintenance filed by wife sought to be transferred by husband - Forum chosen by wife in said application, cannot be changed for mere asking - Other than convenience of parties, no ground has been raised..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 11, 10 -- Rejection of plaint - Jurisdiction - Bank employee - Termination of service - Suit for damages, declaration, recovery of salary and arrears and that services were terminated illegally and arbitrarily without compliance of terms and conditions of employment - Suit filed at the place where plaintiff was working..........
Consumer Protection Act, 1986, Section 12 -- School trip - Negligence of school teachers - Child aged 14 years became bed ridden affecting her memory and speech with no prospects of recovery - Reduction of compensation - Child was taken ill during tour by viral fever - Doctors opined that if child had been given timely medical aid and attention, she could easily have been..........
Indian Penal Code, 1860, Section 397, 392 -- Robbery - Identification - Apart from the evidence of informant, there is no other evidence - Even capacity of informant to sufficiently identify accused is doubtful - Mere factum of recovery of some money from house of accused is not by itself sufficient to sustain conviction of accused - Accused acquitted...........
Civil Procedure Code, 1908, Order 21, Rule 30 -- Execution - Money decree - Attachment of property and detention in prison - U.O.21.R.30 CPC, both the procedure with respect to attachment and also detention in prison can be taken against JDs either individually or simultaneously - Even, in a situation where amount is partly recovered by attachment and sale, for recovery of..........
Indian Penal Code, 1860, Section 380, 457 -- Offence u/ss 380, 457 IPC - Circumstantial evidence - Allegation that accused being pujari of temple committed theft in temple - Recovery of Rs.14,300 from residential quarter of accused is the evidence against accused in which his son was also residing - Currency notes were lying in different pages of religious books in the..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - For convicting an accused recovery of weapon used in commission of offence is not a sine quo non...........
