Indian Penal Code, 1860, Section 307, 148, 149 -- Attempt to murder - Unlawful assembly - Appeal against acquittal - Brutal attack on PW1 causing 12 injuries involving fracture of skull, fracture of bones of both legs as well as on wrist - PW1 unequivocally stated both in his complaint and in his evidence, which is not shaken in cross, that five accused after shouting and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal - Condition to deposit amount of fine - Condition to deposit amount of fine cannot be imposed while suspending sentence during pendency of appeal - Condition set aside being contrary to law...........
Motor Vehicles Act, 1988, Section 166, 171 -- Accident - Interest on enhanced compensation - Not denied to claimants for the period of 205 days delay occurred in filing appeal - Claimants held, entitled to interest for the full period...........
Civil Procedure Code, 1908, Order 44, Rule 1 -- Appeal by indigent person - Lower appellate Court while dismissing application for seeking permission to file appeal as pauper, neither report of Collector taken into consideration nor provision of O.33.R.1 CPC considered - Petitioner is very poor having no house to live in and residing in rented accommodation as per report..........
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1(a) -- Rejection of plaint - Amounts to decree - Appeal thereagainst is maintainable...........
Civil Procedure Code, 1908, Section 100, Order 22, Rule 3 -- Second appeal - Maintainability - Order allowing application U.O.22.R.3 CPC, is not decree, as there is no adjudication of rights of parties on merit - Second appeal against such order is not maintainable...........
Criminal Procedure Code, 1973, Section 372 -- Proviso, 378(3) - Appeal against acquittal filed by victim - It is not necessary for filing a separate petition for leave to entertain appeal before preferring an appeal against acquittal by victim u/s 372 Proviso, Cr.P.C. - Composite application can be entertained...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed - Sale deed in question was registered document - Plaintiff filed the suit on the basis that her mother was not well and sale deed was got executed by playing fraud by defendant - Defendant was none other than real sister of mother of plaintiff - Prior to execution of sale deed..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be considered at the time of hearing of appeal...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - During pendency of petition husband obtained divorce which is not finalised as appeal is pending - Court can at best take the same into consideration as a subsequent event pending lis and even taken it into consideration that permanent alimony is not awarded there is no bar to claim maintenance even after..........
