Criminal trial -- Court cannot convict one accused and acquit the other when there is similar or identical evidence pitted against two accused persons...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Issues - Application filed to frame issue qua counter claim after final arguments were heard - Trial Court to frame an issue qua counter claim but defendant would not be at liberty to lead any evidence at this stage qua said issue and Court to decide the issue..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife contended that husband and his family members harassed and taunted wife for insufficient dowry - Testimony of wife was credible and trustworthy - Husband admitted his income to be Rs.13,000 - However, trial Court reasonably assessed the income of husband to be Rs.16,000 - No material on record to show..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Where material placed on record discloses grave suspicion against accused, which has not been properly explained, Court will be fully justified in rejecting application for discharge - Court is not to hold mini trial by marshalling the evidence...........
Evidence Act, 1872, Section 3 -- Evidence - Merely because a piece of evidence is admissible does not mean that it must be accepted - Before accepting evidence to hold that fact in issue stands proved beyond reasonable doubt, Court must evaluate the same against the weight of surrounding circumstances and other facts proven on record...........
Civil Procedure Code, 1908, Order 8, Rule 1(3) -- Late production of documents - Statutory provision of O.8.R.1-A(3) CPC provides a second opportunity to defendant to produce documents which ought to have been produced in the Court along with written statement subject to seeking leave of Court...........
Civil Procedure Code, 1908, Order 8, Rule 1(3) -- Late production of documents - Partition suit - Defendant no.1 sought to produce original bank passbooks and bank statement of defendant no.1 and defendant no.2 - Trial Court exceeded its jurisdiction to deny leave to produce said documents on record by recording a finding that authenticity and genuineness of documents seem..........
Specific Relief Act, 1963, Section 38, 0, Permanent injunction -- Dispute regarding common passage - Portion `A' was purchased by plaintiff and portion `B' in the back was purchased by defendant - Plaintiffs have agreed to leave 15 feet wide common passage in their portion `A' for common use by both defendants and plaintiffs for purposes of ingress and egress to their..........
Rent and Eviction -- Non-payment of rent - In any proceeding of eviction of tenant on ground of non-payment of rent, he is not only bound to offer arrears of rent on account of non-payment of which eviction is sought for but also to pay future rent regularly, either at the amount agreed between parties or as fixed by Court...........
Rent and Eviction -- Non-payment of rent - Tenant has failed to comply with the interim order passed by Court regarding payment of rent during pendency of appeal before Supreme Court, and hence is in default - Tenant evicted - However, landlady shall have right to recover arrears of rent from tenant as determined by Supreme Court for the period of default by initiating..........
