Criminal Procedure Code, 1973, Section 344, 482 -- Giving false evidence - Show cause notice - Notice issued to accused for purpose of giving them an opportunity of showing cause - Court was not required to give elaborate reasons for its satisfaction for proceeding summarily to try witnesses for giving false evidence - At this stage Court of Sessions or Magistrate is only..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Framing of an issue - Question of title - No question of title framed by trial Court - Mere assertion that plaintiff is owner/landlord of suit property is not sufficient to deal with title of property...........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape - Testimony of prosecutrix no doubt is sufficient for conviction of accused, however, same ought to inspire confidence of Court - It ought to be of sterling quality...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 5767 days in filing application to set aside ex parte decree - Suit for specific performance - No summons were served on defendant - Defendant is an illiterate and pardanashin lady and she only affixes her thumb impression - There is some sort of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 120B -- Bail - On basis of parity - Murder - Petitioner is main accused and he played a key role in planning murder of deceased and ultimately killing him - More than sufficient material on record against accused - It was petitioner who compelled co-accused to call deceased to their..........
Criminal Procedure Code, 1973, Section 203 -- `Sufficient ground' in S.203 Cr.P.C means satisfaction of Magistrate that a prima facie case is made out against person sought to be summoned as accused - It does not mean sufficient ground for purpose of conviction...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant did not contact his advocate for about 3 years from the date when ex parte proceedings were drawn against him, which shows gross negligence towards his own rights - Although, defendant stated that he was out of town for purposes of his livelihood, but neither place nor period during..........
Criminal Procedure Code, 1973, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25A -- Discharge - Contraband - Prosecution has sufficient evidence to involve accused in commission of offence - Accused had a talk on mobile number of main accused from his cell phone - All the call details were brought on record by prosecution - Discharge..........
Indian Penal Code, 1860, Section 396, 412, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Arms Act, 1959, Section 25 -- Dacoity with murder - Murder of four members of one family - Prosecution did not attempt to prove that call received by deceased `N' could be associated with accused `H' - Evidence of PW2 who had seen accused..........
Service -- Enquiry report - Where disciplinary authority was not in agreement with finding recorded by enquiry officer, it was under an obligation to record its reasons of disagreement and after affording an opportunity of hearing to delinquent may record his own findings if evidence available on record be sufficient for such exercise or else to remit case to enquiry..........
