Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Nothing on record to show that counter claim was admitted and that defendant pressed the same in the trial Court - In case counter claim is not decided alongwith suit then same is deemed to be pending and cannot be made a ground for setting aside judgment and decree passed in the suit - In case suit is..........
Indian Penal Code, 1860, Section 376, 342 -- Rape of minor girl - Statement of doctor that prosecutrix was not habitual of sexual intercourse and recent sexual intercourse within a week, cannot be ruled out - Rape established from statement of prosecutrix, medical report and statement of doctor - Occurrence reported to sister and mother immediately who corroborated same -..........
Civil Procedure Code, 1908, Section 151, Constitution of India, 1950, Article 226 -- Reconstruction of lost record - Reconstruction of records can be made under the inherent powers of the Court - It is duty of Court to ensure the reconstruction of a lost record - In the instant case order sheet available in which gist of judgment and operative portion thereof are intact -..........
Lost record -- Reconstruction - Judgment of trial Court not available and also no copy thereof available - However, judgment of Appellate Court very much available and also evidence which was led by parties available on record - Judgment of trial Court merges into the order of Appellate Court - Appeal when challenged can be decided on the basis of judgment of Appellate..........
Scheme for Employment of the Dependents of the Employees who die while in the service of the Bank service on Compassionate grounds -- Compassionate appointment - Financial condition of the family - Family pension - Counting while considering monthly income of the family - As the Scheme categorically provides that retiral benefits are to be taken into consideration while..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Whether judgment and decree passed by learned lower appellate Court without deciding an application moved U.O.41.R.27 of CPC is sustainable in law? - Held, No - Judgment and decree passed by learned lower appellate court cannot be sustained - Adjudication of application moved U.O.41.R.27 CPC is..........
Indian Penal Code, 1860, Section 302 -- Murder - Double murder in broad day light - Accused can be convicted on the basis of testimony of a single witness - Prosecution story very natural - Judgment of conviction calls for no interference - Appeal dismissed...........
Civil Procedure Code, 1908, Order 47, Rule 1, Railway Protection Force Act, 1957, Section 9(i), Railway Protection Force Rules, 1987, Rule 148.1, 148.2, 148.3, 148.4, 153, 156 -- Review of judgment - Order of dismissal from service - Contentions raised by applicant`s counsel found to be misconceived - Also these contentions were raised for first time in review application..........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Non production of evidence - Dismissal of suit - Application supported by an affidavit seeking adjournment filed - Court instead of deciding application dismissed the suit U.O.17.R.3 CPC - Delay in case not attributable to plaintiff only - Defendant was granted 11 adjournments for two years to produce documents but plaintiff..........
Indian Penal Code, 1860, Section 302, 307 -- Order of acquittal - Significant contradiction in the matter of number of injuries, time of occurrence, place of occurrence, sequence of events, the manner of identification of the accused, lack of motive and false implication of one `M' - Witness made vital contradictions in his FIR vis-a-vis the supplementary statement..........
