Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16 -- Appeal u/s 16 of the Act - Not maintainable at the instance of children or relatives - However, children and relatives are not precluded from resorting benefit of judicial review u/art 226/227 of Constitution against an order passed u/s 5 of the 2007 Act...........
Indian Penal Code, 1860, Section 302, 148, 34, Evidence Act, 1872, Section 3 -- Murder - Appeal against acquittal by trial Court - Conviction by High Court - Appreciation of evidence - As per evidence on record, identification of accused not proved on record - Even, there is delay in lodging of FIR which provided opportunity to informant and other PWs to implicate their..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Conviction by High Court - Interference with order of acquittal is not permissible on ground that different view is possible - Hence, if acquittal is justified on probable view taken by trial Court, it should not be interfered with...........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Appeal against conviction - A-4 has not preferred any appeal against his conviction - However, since his case is similar to A-5, A-6 and A-7, by taking suo moto cognizance, A-4 is also entitled to acquittal on ground of benefit of doubt - A-4 acquitted...........
Criminal Procedure Code, 1973, Section 386(b) -- Power of appellate Court - While considering appeal Court should examine evidence of each prosecution witnesses on issues arising in the case and then Court should record finding either in affirmation or modification or reversal as the case may be...........
Indian Penal Code, 1860, Section 302 -- Appeal against conviction - Murder - High Court only with narration of facts dismissed appeal without examining evidence of each prosecution witnesses on issue arising in appeal - Neither any reference to any evidence nor its appreciation or finding is made in the impugned order - Order passed by High Court set aside - Matter..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, Criminal Procedure Code, 1973, Section 389 -- Manufactured drugs - Suspension of sentence during pendency of appeal - Accused were found in bulk possession of manufactured drugs without any valid authorization - S.80 of NDPS Act clearly stated that application of Drugs and Cosmetics Act is not barred and..........
Fair price shop -- Both the parties asserting their respective rights to run the shop - Commissioner cancelled the license of respondent no.1 - High Court set aside said order of Commissioner by allowing writ petition against the same - However, merits of case could not be examined either by Commissioner in appeal properly or High Court in writ petition - Parties were..........
Indian Penal Code, 1860, Section 376, 376C, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 27, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 376, 376-C of IPC and Ss.22, 27, 29 NDPS Act - Occurrence took place in the year 2013 and FIR and alleged medical came about after more than five years - Plea of consensual relationship - It..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(c) -- Rent petition - Dismissal in default - Restoration - Appeal against order dismissing application U.O.9.R.9 CPC - Such appeal is maintainable as per scheme of CPC, until otherwise specified by Government by way of issuance of an appropriate notification...........
