Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Party seeking to produce additional evidence is to establish that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise of due diligence, be produced by him at the time when the decree appealed against was passed - In any other case,..........
Appeal against acquittal -- Appellate Court should be slow in reversing order of acquittal unless there are good and strong grounds for interference...........
Consumer Protection Act, 1986, Section 21(a) -- Non-supply of balance amount of cement out of levy quota for purpose of construction of school building - Complaint dismissed by State Commission on the ground that complainant was not covered by the provisions of the Act as alleged acts of omission and commission cannot be described as defects in goods or deficiency in..........
Indian Penal Code, 1860, Section 302, 34 -- Homicidal murder - Circumstantial evidence - Motive not proved - No positive evidence to indicate foot prints of accused -Recovery of amulet and rod a weak piece of evidence as there are no special identity marks on both of these articles - Extra judicial confession not trustworthy - Held, conviction and sentence is based on mere..........
Punjab Village Common Lands (Regulation) Act, Section 7 -- Second application/repeated applications for ejectment-Gram Panchayat cannot be permitted to keep the lis alive for times immemorial by mere articulating the petition and thus frustrate the very principle not only imbibed in the principles of res judicata, equitable res judicata estoppel, even otherwise recognised..........
Consumer Protection Act, 1986, Section 21 -- Appeal - Housing - Complainant had made a total deposit of initial estimated cost of Rs.5,80,000/- in respect of the house in question by 14.09.1993 but the opposite party-appellant offered delivery of possession of the said house only by letter dated 14.11.1994 demanding Rs.1,78,054/- - Demand was later revised as Rs.1,63,727/-..........
Consumer Protection Act, 1986, Section 21(a) -- Appeal - Banking - Fake dollar bills given - Complaint filed - Bank admitting that dollar bills issued were fake but contended that they were not aware of the fact - No mala fide intention and deliberate act of gross negligence established on part of bank - Order of State Commission directing respondent bank to pay..........
Consumer Protection Act, 1986, Section 21(a) -- Appeal - Settlement of claim - Reasonable time may be allowed to the insurer as in the cases of the claims where the facts stated by the claimants are to be investigated to cheque their veracity - Though no set period has been prescribed as a norm for this time lag, the Commission allowed a period ranging from 3 to 6 months..........
Indian Penal Code, 1860, Section 302, 201, 498A -- Appeal against acquittal- Bed room murder of a young married girl of 19 years of age married to respondent No.1 aged about 28 years, practising advocate - Deceased pregnant of 4 to 6 weeks pregnancy - She died due to asphyria by strangulation - Thereafter body was burnt - No eye witness - Death had taken place around mid..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Appeal - Additional evidence - The provision cannot be used as tool to allow any party to fill in lacuna...........
