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..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - No sufficient cause shown for setting aside the exparte judgment and decree - A party served with summons at the commencement of the hearing of the suit is not required to be served with subsequent notice, which was necessitated because that party has chosen to stay away from the hearings..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If two views are possible, the Appellate Court should not interfere with a judgment of acquittal...........
Civil Procedure Code, 1908, Section 96, 9 -- Appellate court - Question of jurisdiction - Defendants-appellants did not raise any question with regard to jurisdiction in trial court inasmuch as there was no pleading in written statement - On contrary, defendants submitted to the jurisdiction of trial Court and got favourable judgment - Held, at appellate stage,..........
Evidence Act, 1872, Section 27 -- Recoveries and discoveries - Duly proved - No infirmity in impugned judgment...........
Criminal Procedure Code, 1973, Section 374, 386 -- High Court acquitted accused in an appeal against conviction - Held, High Court should not have on mere surmises and conjectures interfered with the judgment of trial Court and directed the acquittal...........