Civil Procedure Code, 1908, Order 41, Rule 27(aa) -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is to be considered at the time of final hearing of appeal - Court at the stage of commencement of appeal, without hearing both the parties cannot conclude whether additional evidence is required to enable Court to pronounce judgment - Impugned order of..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Imposition of onerous condition to deposit 20% of imposed fine amount, while allowing application u/s 389 Cr.P.C. is not justified - Impugned order to the extent of imposing said condition quashed and set aside...........
Medical education -- BDS Course - Migration from one dental College to another on medical grounds - Permissibility - Division Bench of High Court passed interim order permitting respondent to migrate from one college to another - Said interim order passed without considering objections of appellant about impermissibility of migration in terms of Revised BDS Course..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Conviction - Appeal against sentence - Accused faced agony of criminal prosecution from last more than 7 years - Sentence of life imprisonment reduced to 12 years and fine...........
Land Acquisition Act, 1894, Section 4, 18, 23(1A) -- Acquisition of land - Compensation - Enhancement - Determination of market value - Plot at significant locational advantage and it can be used for residential-cum-commercial purposes - Hence, rate of Rs.52,000/- per square meter on date of issuance of notification is just and fair - Appeal partly allowed...........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25(1A) -- Attempt to murder - Appeal against acquittal - Acquittal upheld viz: (i) name of accused not mentioned by eye witness/brother of victim to Chief Medical Superintendent, despite knowing the accused; (ii) weapon of offence/pistol recovered from pocket of accused next day is improbable; (iii) weapon of..........
Indian Penal Code, 1860, Section 304B, 302, 498A, Evidence Act, 1872, Section 106 -- Dowry death - Circumstantial evidence - Appeal against conviction - Testimony of PW4, PW5 established that appellant-husband used to torture and harass deceased wife for demand of dowry - Several circumstances on record which point that husband committed murder i.e. he was alone in house..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 50 -- Recovery of 22700 intoxicant tablets and 33 bottles of Rexcof - Appeal against conviction - Accused acquitted due to following reasons: (i) Accused falsely implicated by police, as he lodged a complaint under NDPS Act against some police officials; (ii) no, compliance of mandatory provision of S.50 of..........
Civil Procedure Code, 1908, Section 100, 99 -- Second appeal - Suit for specific performance - Concurrent findings of both the Courts below regarding no, execution of agreement of sale, which was basis of suit is on record - Substantial question of law whether said agreement is admissible or inadmissible in evidence becomes irrelevant and will not affect the merits and..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Appeal - Non-formulation of points of determination - It is mandatory for first appellate Court to have framed points of determination while deciding first appeal u/s 96 CPC - Since in the present case said requirement of law has not been fulfilled, first appellate Court committed illegality in not making compliance of..........
