Advocates Act, 1961, Section 35, 36, 38 -- Advocate - Professional misconduct - Enquiry by Disciplinary Committee - Opportunity to cross examine witnesses not granted - Documents in vernacular script and members of Disciplinary Committee not familiar with vernacular script and they could not appreciate the documents when it was in a language not known to them - Without..........
Indian Penal Code, 1860, Section 307, 148, 149 -- Attempt to murder - Unlawful assembly - Appeal against acquittal - Brutal attack on PW1 causing 12 injuries involving fracture of skull, fracture of bones of both legs as well as on wrist - PW1 unequivocally stated both in his complaint and in his evidence, which is not shaken in cross, that five accused after shouting and..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Deceased was beaten outside the house which was corroborated by site plan - Cross case was lodged by accused against deceased - Injury reports of accused were filed on record - Suggestions were also made to PWs about complainant party being aggressors - Ocular testimony of eye witnesses corroborated by..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - S.149 IPC does not become inapplicable in all situations where there is a cross case by accused...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Sexual assault on minor girl - Trial in matter was unnecessarily prolonged and just one prosecution witness was recalled 104 times for cross examination - Even, during period of examination of prosecution witnesses, there were number of attacks on witnesses, leading to death of two prosecution witnesses - Moreover. lady..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Testimony of eye witnesses - PWs 1 to 3 deposed in detail about previous enmity between parties, their presence at the spot, weapons carried, their proximity to shed and establishment of identity of all four accused - They have also testified as regards deceased lying in a pool of blood - Nothing..........
Indian Penal Code, 1860, Section 302, Explosive Substances Act, 1908, Section 3, 4, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Appreciation of evidence - As per prosecution, accused caused death of deceased by explosive device of hand grenade - PW-75 has led no evidence of any special knowledge gained by accused except for three days stint with..........
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 302, 34 -- Delay in sending FIR to Magistrate - Murder case - Where recording of FIR is proved on record, mere delay of 5 days in dispatch of FIR from the police station to Magistrate Court has no bearing on the basis of which any adverse inference can be drawn, particularly when no questions were..........
Arbitration and Conciliation Act, 1996, Section 5, 37 -- Arbitral award - Appeal - Cross objections - Act is a complete Code - CPC is not applicable - Cross objections not maintainable...........
Evidence Act, 1872, Section 32 -- Dying declaration - 100% burn injuries - Doctor found that declarant in conscious state of mind and competent to give statement - Dying declaration cannot be discarded merely by the extent of burns particularly when defence is not able to elicit anything from the cross-examination of doctor that her mental faculties were totally impaired..........
