Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Dismissal of application for injunction in a prior suit instituted by plaintiff - High Court granted injunction by pointing out that it was only a suit for permanent injunction and that dismissal of application for injunction without recording any finding relating to possession was of no consequence -..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Reversal of acquittal is permissible only if view of trial Court is not only erroneous but also unreasonable and perverse...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Second application after rejection of first application without there being any change of circumstances - Such practice deprecated...........
Indian Penal Code, 1860, Section 302, 34, 120B, 411, 201, 115, Arms Act, 1959, Section 25 -- Murder - Mere acceptance of a part of `supari' amount would not ipso facto mean that, accused was actually involved in an occurrence which admittedly took place after he had already been apprehended by police...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, 120B, 411, 201, 115, Arms Act, 1959, Section 25 -- Bail - Murder - Only incriminating material against accused is his own confession - However, confession made by accused before Police Officer is inadmissible in evidence - Fact that accused is facing proceedings in several other cases..........
Evidence Act, 1872, Section 63, 65(c) -- Secondary evidence - Photocopies of cheques and complaint - Photocopies in question were not made by mechanical manner from original and it was not compared with original - Prosecution has completely failed to establish as to whether produced documents satisfy conditions enumerated in S.63 of the Act - Question of invoking..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - No application u/s 173(8) Cr.P.C, could have been entertained at the instance of accused, at the stage where trial had to be still initiated...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Complainant and accused have arrived at a compromise by filing application u/s 147 of the Act r/w S.320 Cr.P.C. - Therefore, it is deemed appropriate to state that when matter has ended in compromise, it is not proper for continuity of appeal and even at the stage of admission -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Award of death sentence - Appeal against conviction - Accused person allegedly committed murder of 6 persons at different places in a house - In instant case testimony of eye-witness is not wholly reliable - Failure of prosecution in proving any motive behind the commission of offence - There are various inconsistencies..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - Advertisement was telecast in three television channels despite injunction order - Response of television channels that advertisement was telecast on few days due to technical error - Act of appellant was not intentional or deliberate to flout injunction order - Unconditional apology..........
