Negotiable Instruments Act, 1881, Section 138 -- Compounding of offence - Accused convicted - Appeal dismissed - Dispute settled during the pendency of Revision and payment made - Parties requested for compounding of offence - Held, in the absence of any contrary provision in the facts and circumstances of the present case there cannot be any bar for granting permission to..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Disobedience of injunction - Restraint order from selling property - Death of defendant - L.R's sold property inspite of knowledge of restraint order passed against their father - Order of injunction passed against a party does not cease to operate on his death until it is vacated by order of Court - L.R's knowing order of..........
Indian Penal Code, 1860, Section 302 -- Appeal against acquittal - Appreciation of evidence - Trial Court convicted the two accused respondents relying on the testimony of PW1 and PW2 - High Court acquitting declining to act on the said testimony as PW2 was examined after the period of 24 days of the occurrence - Failure of the police officer to examine PW2 for 24 days..........
Criminal trial -- Appeal against acquittal - Number of infirmities appearing in evidence - Such evidence cannot be the basis for conviction - Where acquittal is based on right appreciation of evidence of the eye witness and its rejection is for good reasons, it cannot be interfered in appeal by Supreme Court...........
Indian Penal Code, 1860, Section 302, Punjab Police Rules, 1934, Rule 25.21 -- Appeal against conviction - Dying declaration - Recorded by the Head Constable - Did not care to follow rules framed in the Punjab Police Rules - Endorsement of the doctor on the dying declaration not obtained to show that victim was in a proper and fit mental and physical condition to make a..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 5 -- Appeal against conviction - Conviction based on treating the answer as an admission of guilt to the question put up to the appellant after framing the charge - The statement made by the appellant held did not constitute an admission of guilt - Not proper to convict the appellant under Section 5 of the..........
Indian Penal Code, 1860, Section 302, 34 -- Conviction - Set aside by High Court - Appeal against acquittal - High Court acquitted accepting the defence version that the deceased and P.W.1 and P.W.3 were aggressors - View taken by High Court found reasonable - Acquittal cannot be disturbed...........
Indian Penal Code, 1860, Section 302, 34, 109 -- Conviction of father for exhorting his son to kill deceased - Four eye witnesses - Their evidence not consistent as regards the actual words spoken by the appellant before his son - Two witnesses made material improvements - Trivial reason like scolding by a neighbour found not natural for an aged father to exhort his son to..........
Indian Penal Code, 1860, Section 302, 34 -- Appeal against acquittal - Appreciation of evidence - Eye-witness - Evidence of - Accepted by both the Courts below - Both the accused had common animus against the deceased as they had not liked his illicit intimacy with their mother - Both the accused were acting in furtherance of their common intention when they had assaulted..........
Indian Penal Code, 1860, Section 80, 302 -- Appeal against conviction - Plea of defence of accident - The first requisite of Section 80 of the Act i.e. the act in question was without any criminal intention or knowledge lacking - The reeper said to have been swung by the deceased at the appellant as spoken to in his statement u/S.313 Cr.P.C. not found at the scene of..........
