Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Appeal against conviction - Deceased was last seen alive in the company of accused - Even, there was no satisfactory explanation by the accused as to the death of deceased - Subsequent conduct of accused and recovery at the instance of accused duly proved on record -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of appeal - Permissibility - Amendment of pleadings is permissible but memo of appeal does not fall within the meaning of pleadings in view of O.6.R.1 CPC which provides for plaint and written statement only to be part of pleadings - Application for conversion of appeal into revision cannot be treated as an..........
Civil Procedure Code, 1908, Section 151 -- Conversion of appeal into revision - Suit u/s 6 of Specific Relief Act - S.6(3) of Specific Relief Act bars appeal - Plaintiff applied for conversion of appeal into revision, which stands rejected - Court in exercise of inherent jurisdiction has full authority of law and discretion to covert an appeal into a revision or vice-versa..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 20 -- Plea of juvenility - Accused was less than 18 years at the time of occurrence, thus, he declared as juvenile on the date of offence - Though offence u/ss 302, 377 IPC, proved against juvenile but he cannot be detained for more than three years under JJ Act - Since accused is in jail much more than..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Reduction of sentence - There is no convincing/persuasive reason or ground to alter the sentence awarded to accused, husband of deceased - However, sentence awarded to other accused persons, brother-i, law and sister-i, law of deceased, is accordingly reduced from life imprisonment to 7 years R.I u/s..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Before admitting second appeal, it is duty of High Court to formulate substantial questions of law as required u/s 100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Dismissal of second appeal, after hearing parties, by holding that no substantial question of law is involved - Order upheld, as requirement of formulating substantial question of law is only before admitting second appeal...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 468, 477A -- Sanction for prosecution - Offence u/ss 420, 468 & 477 IPC - Alleged indulgence of officers in cheating, fabrication of records or misappropriation cannot be said to be in discharge of their official duty - Their official duty is not to fabricate records or permit evasion of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Remedy against an ex parte decree has two options: (i) to file a regular appeal; (ii) to file an appeal for setting aside the order in terms of O.9.R.13 CPC - Both the proceedings are available simultaneously...........
Civil Procedure Code, 1908, Section 114, Order 41, Rule 1 -- Review - An entirely new ground which was not raised earlier at the time of hearing of appeal would not be considered for first time at Review stage...........
