Constitution of India, 1950, Article 136 -- Judgment of conviction - Appeal under Art.136 - Scope of power - Power is very wide - Supreme Court can reappraise evidence and set aside concurrent finding of fact - Appreciation of evidence is resorted to in exceptional circumstances when finding of High Court finding is without consideration of relevant material or..........
Criminal Procedure Code, 1973, Section 210, Indian Penal Code, 1860, Section 406, 498A -- Complaint case and FIR of the same date - Parties same - Merely for the reason that time is not mentioned in the complaint does not mean that the allegations do not arise out of the same incident or that it is a cross case - Both the cases be tried together, but not consolidated -..........
Indian Penal Code, 1860, Section 304 Part II, Criminal Procedure Code, 1973, Section 378(1) -- Appeal against acquittal - Murder case - Accused acquitted by trial court - High Court convicting accused u/s 304 Part-II IPC - Held, court exercising appellate power must not only consider question of law but also questions of facts - Judgment of conviction rendered by the High..........
Punjab Land Revenue Act, 1887, Section 34, 36 -- Mutation on the basis of registered sale deed cannot be refused on the ground that delivery of possession is not proved - A sale deed, once registered, has to be reflected in the revenue record - Revenue Officer cannot sit in judgment over complex and intricate rights of parties - When there is a civil suit pending..........
Civil Procedure Code, 1908, Section 13 -- Foreign judgment - When conclusive - When an order is passed without notice to the other party it is an ex parte order - However, when notice is given to the other party and he files a detailed reply and thereafter fails to appear and allows an order to be passed it is not an ex parte order - In the instant case order when read..........
Civil Procedure Code, 1908, Order 22, Rule 2 -- Encroachment of public property - Suit for mandatory injunction - Death of one of the defendants during pendency of suit - Surviving defendant, held, is not competent to question judgment on behalf of a deceased one...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Production of additional evidence at appellate stage - Application allowed as evidence sought to be adduced necessary to pronounce the judgment on issue...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Non filing within time - Pronouncement of judgment - Written statement filed within time granted by Court - Defendant complied with the order of court for filing written statement - Order rejecting application for pronouncing judgment, upheld...........
Constitution of India, 1950, Article 14, 16 -- Recruitment - Appointment - Post of Science master - Appointment not issued to the petitioner whereas the candidates below in merit issued appointment on the ground that the B.Ed. degree of petitioner sought to doubted - Respondents relied upon judgment dated 11.2.2005 of the Apex Court in case titled Prof Yashpal and ors. Vs...........
Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - Interference by appellate court in an order of acquittal - Principles governing are : 1. The appellate court may review the evidence in appeals against acquittal under Sections 378 and 386 of the Criminal Procedure Code, 1973 - Its power of reviewing evidence is wide and the appellate court can..........
