Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Writ appeal - When a party produces documents in a writ appeal, O.41.R.27 CPC would come into play...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, 406, 120B -- Second bail application - Dowry death - Accused No.1 is a lady aged about 65 years and has suffered incarceration for about 7 months and 26 days - She is not involved in any other case - Total 18 PWs have been cited and culmination of trial will take its own time - Nothing..........
Unlawful Activities (Prevention) Act, 1967, Section 18 -- Offence u/s 18 of the Act - For attracting S.18 of the Act, involvement of accused in the actual commission of terrorist act as defined in S.15 of the Act need not be shown - Hence, if there is any material or evidence to show that accused had conspired or attempted to commit a terrorist act, or committed any act..........
Criminal Procedure Code, 1973, Section 439, 439(2) -- Cancellation of bail and challenging order granting bail - Difference - While considering the application for cancellation of bail, Court ordinarily looks for some supervening circumstances like tampering of evidence either during the investigation or during the trial, threatening of witness, accused likely to abscond..........
Indian Penal Code, 1860, Section 307, 450, 325, 451, 221, 464 -- Nature of offence - No specific evidence of any preparation for causing harm to victim by accused - No weapon of offence was seized from the second place of occurrence - Injuries as inflicted upon victim also do not justify any inference to attract S.307 IPC - Proper provision for convicting accused would be..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree set aside on the basis of statement of registered power of attorney holder of plaintiff - Application by plaintiff to set aside such order as being the result of fraud played by power of attorney holder - Such assertion denied by defendant - In such circumstances, it was..........
Evidence Act, 1872, Section 112 -- DNA test - Existence of a strong prima facie case is a sine qua non to seek DNA test...........
Evidence Act, 1872, Section 112 -- DNA test - One cannot seek DNA test only in his/her attempt to fish out evidence in support of his case - Unless and until applicant makes out a strong prima facie case such an application is not liable to be allowed...........
Evidence Act, 1872, Section 112 -- DNA test - Partition suit - Plaintiff sought sibling DNA test to prove that she is daughter of `K' and `M' - However, DNA test even if allowed will not establish the marriage between `K' and `M' - Moreover, said marriage took place 81 years back and that no one who witnessed the marriage are alive and there exists no way to prove the..........
Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of child witness - Bar u/s 33(5) of POCSO Act is not absolute and in appropriate case in order to meet the ends of justice, relaxation of mandate u/s 33(5) of POCSO Act is legally permissible - However, it should be established that such recalling is absolutely necessary for just decision of..........
