Property developer -- Services of - Contract between employees and Property Developer - Initial payments were made by the members of the Scheme, but for reasons of non-availability of loan, further payments could not be made bringing the construction activity to a stand still beyond the plinth level - Complaint by some members of the Scheme - Allowed by District Forum..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - The appellate Court not to reverse the findings recorded by the trial Judge merely because it on re-appreciation of evidence takes possible alternate view - It will exercise its jurisdiction only if the findings recorded by the trial Judge are illegal and not possible in law...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Appeal against acquittal - Appreciation of evidence - Statement of the father of the deceased contradictory and having material improvement over the first version given soon after the occurrence - PW9, sister of the deceased, stating that the deceased has written many letters alleging harassment by the accused but none..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 5 -- Declaratory decree - Stay of operation of decree pending disposal of appeal - Held, appellate Court has power to grant stay of operation of decree...........
Consumer Protection Act, 1986, Section 27 -- Recall of order - State Commission passing execution of order directing OP-applicant to deposit Rs.1,07,000/- with it - In appeal, National Commission granting interim stay - Order passed in execution came to be passed since the interim order of the National Commission was not brought to the notice of the State Commission by the..........
Penal Code, 1860, Section 302 -- Murder - Appeal against acquittal by Complainant - Delay of one month and twenty days in lodging the complaint - First version of the incident completely belying the stand of the complainant - No eye witness produced - Circumstantial evidence not sufficient so as to return the finding that the accused was guilty of offence u/s 302 IPC -..........
Criminal Procedure Code, 1973, Section 256, Negotiable Instruments Act, 1881, Section 138 -- Complaint - Dismissal in default - In results into acquittal of accused - Remedy is that of appeal and not revision...........
Criminal Procedure Code, 1973, Section 256, 397 -- Complaint - Absence of complainant - Dismissal of complaint - Since order results in acquittal of accused, appeal and not revision lies - Impugned order passed in revision by Sessions Court restoring complaint is liable to be set aside...........
Indian Penal Code, 1860, Section 302, 34 -- Wife - Murder by strangulation - Entire case based on evidence of approver PW1 - Appeal against conviction - Evidence of PW1 that appellants by putting pistol and dagger on him compelled him to go with them for commission of offence - Witness may not fall in category of accomplice - Even if it is assumed that he was accomplice..........
Indian Penal Code, 1860, Section 302 -- Conviction - Appeal against - Extra judicial confession not received any corroboration - Evidence of P.W.1 not supported prosecution case - Prosecution failed to produce material to connect the appellant with crime - Appellant acquitted...........
