Civil Procedure Code, 1908, Section 96 -- Appeal - Lower appellate Court while exercising power u/s 96 CPC is final Court on both law and fact - It is thus, permissible for Lower appellate Court to re-appreciate evidence and come to contrary finding...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Plea that plaintiff will not suffer any prejudice - Plaintiff has already led his evidence - Plaintiff is likely to suffer prejudice - Order dismissing application, upheld...........
Criminal Procedure Code, 1973, Section 245 -- Discharge - If evidence adduced by complainant at the stage of S.244 Cr.P.C, if un-rebutted, prima facie discloses ingredients of offences alleged against accused, no order of discharge can be passed u/s 245(1) Cr.P.C and Magistrate would be required to frame charge against accused u/s 246 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 380, 454 -- Bail - Murder - Accused is involved in heinous offence - After going through challan, it cannot be said that case is of no evidence against accused only for the reason that there is no eye witness of occurrence as per challan nor can it be finally said that circumstantial evidence..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Court cannot appreciate evidence that has been collected by prosecution against accused while deciding bail application...........
Evidence Act, 1872, Section 45 -- Handwriting expert - To examine signatures - Application allowed - Handwriting expert submitted report - An objection was raised at the time of examining the expert - For one year defendants remained silent and did not challenge the order allowing application u/s 45 of the Act - No prejudice will be caused to defendant if handwriting..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Wife failed to cross examine husband in respect of specific incidents of cruelty alleged by him - Wife also failed to lead any evidence to substantiate her own allegations against husband - Decree of divorce, upheld...........
Indian Penal Code, 1860, Section 366, 376(2)(n), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Criminal Procedure Code, 1973, Section 439 -- Bail - Kidnapping and rape - Prosecutrix a major girl - She had eloped with accused number of times and both made physical relations - Prosecutrix visited several places with accused..........
Indian Penal Code, 1860, Section 302 -- Murder of pregnant wife by husband - Circumstantial evidence - Accused attacked deceased with a wooden log and caused her death because of homicidal violence - He himself took deceased to hospital and made a false statement that she suffered a cardiac arrest which was found false after post mortem report received - It is accused who..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - What Magistrate has to determine at the stage of issue of process is not correctness or probability or improbability of individual items of evidence on disputable grounds, but existence or otherwise of a prima facie case on assumption that what is stated could be true unless prosecution allegations are so..........
