Civil Procedure Code, 1908, Section 11 -- Res judicata - There can be no applicability of principle of res judicata when orders of Criminal Courts are pitted against proceedings in civil Court...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Condition to deposit alleged amount involved - Cannot be imposed - Imposing such condition while releasing accused on default bail/statutory bail would frustrate the very object and purpose of default bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Imposing of condition to report before concerned police station daily at 10.00 A.M. - Condition imposed is not sustainable as it is too harsh - Condition which can be imposed is directing accused to cooperate with Investigating Officer in completing investigation and to remain present before concerned police..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 376, 511, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Interim bail - Medical ground - Rape case - Accused was given treatment in super specialty hospital - No shortcomings were found in medical treatment offered to accused, which could have been basis for..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Leave of Court - Non production of documents alongwith written statement - Discretion conferred upon Court to grant leave is to be exercised judiciously - While there is no straight jacket formula, this leave can be granted by Court on a good cause being shown by defendant...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Leave of Court - Court should take a lenient view when an application is made for production of documents U.O.8.R.1-A(3) CPC...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Leave of Court - Such documents not filed alongwith written statement as these documents were missing and traced at a later stage - These documents necessary for arriving at a just decision in the suit - Court ought to grant leave to produce these documents...........
Civil Procedure Code, 1908, Order 16, Rule 6, Representation of the Peoples Act, 1951, Section 101, 83(1)(a) -- Striking out prayer(c) - Election petition - Once it is found that neither original election petition nor amended election petition contains any pleading of material facts which would enable Court to form an opinion in terms of S.101 of Act of 1951, there was no..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Vacation of - Occupancy rights given to petitioner on the ground that he is agricultural tenant of suit property - RTC extract shows name of respondent no.3 as a cultivator - No document was produced to indicate that there was an arrangement on crop sharing basis - Even property in question lost its..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Testimony of sole eye witness - Where conduct of eye witness is inconsistent with ordinary course of human nature, it would not be safe to convict accused upon uncorroborated testimony of sole eye witness - Accused acquitted...........
