Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Memorandum of cross objections is but one form of appeal - It takes the place of a cross appeal...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Decree partly in favour of appellant and partly in favour of respondent - It is open to respondent to file appeal or cross objection supporting the portion favourable to him and assailing the portion prejudicial to him...........
Indian Penal Code, 1860 - - Abetment of suicide - Conviction - Validity - Version of PW3 cannot be believed as from outset she along with PW4 started embellishing fact - Statement of PW4 is an outraging replica of statement of PW3 - Apart that, according to PW4 purported dying declaration was made to him when PW3 was accompanying him in hospital - On other hand, it is..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Code provides for an appeal against the decree and not against any finding contained in the judgment - In a case where decree is entirely in favour of a party but there is a finding in the judgment which goes against him, Code gives him a right to take cross objection against such finding on an appeal..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 25 -- Murder - Conviction - Validity - Defence did not ask in cross-examination to PW21 as why independent person was not made panch witness - Appellant failed to furnish some explanation in his statement u/s.313 Cr.P.C. as under what circumstances his car had been parked at Delhi Airport and it remained..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b),42,55 -- Recovery of Smack - Conviction - Appeal - PW4 who is informant as well as Officer-in-Charge of police station in cross-examination stated that seized articles were not with him and was deposited in Malkhana - Neither Malkhana Incharge has been examined nor Malkhana register has been produced -..........
Negotiable Instruments Act, 1881, Section 138, 118(a), 139 -- Dishonour of cheque - Acquittal - Leave to appeal - Respondent No.2 rebutted presumption provided u/s.118(a) and S.139 of NI Act, 1881 by denying that he had received Rs.80,000/- from petitioner - By eliciting testimony from petitioner that he had no proof of payment of Rs.80,000/- to respondent No.2 and that he..........
Indian Penal Code, 1860, Section 302 -- Murder - Oral dying declaration made to PWs 1 to 3 - PW1 stated in cross examination that deceased was found unconscious when he reached at the scene of occurrence and unconsciousness continued until he died - PW3 stated that deceased was talking always - Held, two contrary statements create a situation of doubt - Two views possible..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Passing of order or decree - Power of appellate court - Held, O.41.R.33 of the Code is an enabling provision and empowers appellate court to pass any decree or order which ought to have been made and to make such further order or decree as the case may require, even if the party or parties may not have filed any appeal or..........
Criminal Procedure Code, 1973, Section 389 -- Conviction - Appeal - Bail - Appellant invited deceased to her room - Deceased found lying on the floor in a dead condition in his underwear and vest - Suspicion expressed by informant against appellant - In cross-examination appellant implicitly admits her presence in house - Apart from making a bald statement that she was not..........
