Civil Procedure Code, 1908, Order 1, Rule 8, Explanation -- Representative suit - To establish sameness of interest, it is not necessary to establish sameness of cause of action...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Elaborate reasons may not be assigned for grant of bail, at the same time an order de hors reasoning or bereft of relevant reasons cannot result in grant of bail - It would be only a non-speaking order which is an instance of violation of principles of natural justice - In such a case, prosecution or informant has a..........
Criminal Procedure Code, 1973, Section 439 -- Bail - While considering an application for grant of bail, a prima facie conclusion must be supported by reasons and must be arrived at after having regard to vital facts of case brought on record...........
Criminal Procedure Code, 1973, Section 439 -- Bail - There cannot be elaborate details recorded to give an impression that case is one that would result in conviction or by contrast in an acquittal while passing an order on an application for grant of bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 341, 34, Arms Act, 1959, Section 27 -- Bail - Attempt to murder - Offences alleged against accused are serious in nature - There is history of enmity between parties - Accused has been named in eight cases and thus, he has criminal antecedents - Accused had absconded for a period of seven..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 118 -- Cruelty to woman - Husband and mother-in-law treated deceased with cruelty and harassed her for dowry resulting in her suicide by drowning herself in pond - Parents, uncle and neighbour of mother of deceased deposed that she told them about cruelty with demand of money - Married woman does not..........
Indian Penal Code, 1860, Section 498A -- Cruelty to women - Non-examination of independent witnesses - Prosecution case cannot be thrown out only on ground that independent witnesses not came forward to depose in their favour - Merely because neighbourer are not examined by prosecution to prove harassment or cruelty by accused, it would not ipso facto mean that evidence of..........
Indian Penal Code, 1860, Section 498A -- Cruelty to women - Minor omissions in evidence - Unless and until it is pointed out that omission or improvement goes to root of case, same cannot be treated as contradiction...........
Indian Penal Code, 1860, Section 498A -- Cruelty to women - Cruelty and demand of dowry not reported to police prior to death - Family members of married woman always make attempt to settle matter amicably to save marital life of their daughter or sister - Close relatives of deceased and some responsible member of society tried for reconciliation and deceased again went to..........
Civil Procedure Code, 1908, Section 96, Order 1, Rule 10 -- First appeal - High Court, in first appeal, impleaded a party and on this ground judgment and decree of trial Court set aside - High Court did not discuss as to whether an application to implead is maintainable - Judgment and decree of trial Court cannot be set aside without any further entering into merits of..........
