Indian Penal Code, 1860, Section 302 -- Appeal against conviction - Circumstantial evidence - The accused and deceased had been seen together on the date of incident - This circumstance alone cannot be sufficient to put the noose around the neck of the accused - Circumstances brought on record to connect the accused with the murder do not unerringly point towards the guilt..........
Indian Penal Code, 1860, Section 449, 324, 326, 149, 304 -- Part I - Appeal against conviction - Death on spot due to several injuries - A-1 and deceased being brothers were having some family disputes - P.W.1 and P.W.2, the sister and mother of A-1 stated that A-1 to A-5 trespassed into the room at 2 a.m. with deadly weapons where deceased was sleeping with his wife P.W.3..........
Haryana Co-operative Societies Rules, 1989 -- operative Societies Act, Section 115 - Revision before Government against order of Registrar - Maintainability of - Section 115 pari materia with Section 69 Punjab Co - operative Societies Act - Clearly envisages that Government may suo motu call for and examine record of any proceedings in which no appeal lies for the purpose..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at appellate stage - Suit for injunction - Finding that plaintiff is not in possession - Suit dismissed - During pendency of appeal amendment of plaint sought seeking relief of possession - If amendment is allowed, defendant will be deprived of his valuable right of raising defence of adverse possession..........
Criminal trial -- Appeal against acquittal - Interference - If on re-assessment of the evidence, the appellate Court comes to the conclusion that the guilt of the accused is established, the fact that the appeal is against the acquittal will be immaterial - If two views are possible, the Court, having regard to the basic principle that presumption of innocence of the..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise need not be confined only to subject matter of suit or appeal pending on the file of the Court - If compromise is between the parties to the suit - Same can be acted upon by the Court...........
Civil Procedure Code, 1908, Order 14, Rule 2(2), Civil Procedure Code, 1908, Order 43, Rule 1 - - Preliminary issue, appeal against - Order of Court deciding preliminary issue - Appeal not maintainable under Section 96 - No appeal prescribed under Order 43 Rule 1 against order deciding preliminary issue - Where Court decides a preliminary issue regarding jurisdiction to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20B(1), Criminal Procedure Code, 1973, Section 162 -- Appeal against acquittal - Notice Ex.PD and PD/1 under Section 50 to the accused held by the trial court tantamount to the statement before the police and is hit by Section 162 Cr.P.C. and as such inadmissible in evidence - Held that Ex.PD and Ex.PD/1 were..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Appeal against acquittal - No cogent and credible evidence to prove that the provisions of Section 50 of the Act had been complied with, and the alleged opium was recovered from the respondent - The prosecution failed to rule out the possibility of the sealed sample parcel not having been tampered with by..........
Criminal Procedure Code, 1973, Section 378 -- Appeal from acquittal - To be judged by a standard different from that applicable to those against conviction - Initial presumption of innocence is strengthened by acquittal from the trial court - The court of appeal will interfere only if it is proved, without any doubt not only that the accused person is guilty but that he..........
