Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of witnesses for further cross-examination - Non briefing of counsel at the time of cross examination of witnesses is not a ground for recalling witnesses for further cross examination...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of witnesses for further cross-examination - Filing of application at belated stage without cogent reasons, which is filed to fill up lacunae - Application rightly dismissed...........
Indian Penal Code, 1860, Section 323, 335 -- Nature of offence - Accused had dealt one lathi blow on the head of deceased causing three injuries - All the injuries are simple in nature - It is thus, a case of simple hurt attracting mischief of S.323 IPC instead of S.335 IPC - Accused convicted u/s 323 IPC...........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Reduction of sentence - Occurrence took place more than 32 years ago - Accused is now aged about 58 years - He had spent some time in prison during trial - It would be too harsh to send accused to prison to serve any further imprisonment of offence u/s 323 IPC - Accused sentenced to period already undergone by..........
Criminal Procedure Code, 1973, Section 107, 108, 109, 110, 111 -- Order u/ss 107 to 110 Cr.P.C - Order which does not contain the substance of information received, amount of bond to be executed, term for which it is to be in force and the number and character and class of sureties (if any) required, would be non est, as there is non-compliance of S.111 Cr.P.C...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Agricultural land - Suit filed for permanent injunction and easement right - Suit is not to decide ownership or possession or for any purpose enumerated in Column 3 of Schedule II of UPZA and LR Act - Moreover, defendant itself has stated in its written statement that on the land purchased by it..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Second marriage by wife without getting divorce from her earlier husband - Wife not entitled to claim maintenance from her second husband...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Restraining defendants from interfering with possession of plaintiffs - Right of plaintiff over suit property are still to be established - Possession of plaintiff over suit property also not established - Trial Court rightly dismissed the application after recording prima facie..........
Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 65 -- Secondary evidence in rebuttal - Onus to prove the assertion sought to be proved by way of rebuttal evidence was on plaintiff - Plaintiff cannot be allowed to lead evidence by way of secondary evidence in rebuttal, where onus was upon plaintiff to prove that issue...........
Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - Injured eye witnesses attacked along with deceased No.1 - Reasoning adopted for acquittal of accused qua death of deceased No.2 cannot be imported to that of A-1 and injuries caused to injured eye witnesses - A-1 to A-3 rightly convicted...........
