Criminal Procedure Code, 1973, Section 482, Dowry Prohibition Act, 1961, Section 3, 4, Indian Penal Code, 1860, Section 498A -- Allegation of cruelty - Quashing of complaint - Records clearly indicate that there are no specific allegations against petitioners in respect of ill treatment either mental or physical torture meted out to respondent No.2 - Material on record..........
Indian Penal Code, 1860, Section 304A -- Negligence - Must be culpable or gross and not the negligence merely based upon an error of judgment...........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - Appellate Court to interfere only when there are compelling and substantial reasons for doing so - If the impugned judgment is clearly unreasonable and relevant and convincing materials have been unjustifiably eliminated in the process, it is a compelling reason for interference...........
Unclean hands -- A litigant who approaches the Court, is bound to produce all the documents executed by him which are relevant to the litigation - If he withholds a vital document in order to gain advantage on the other side, then he would be guilty of playing fraud on the Court as well as on the opposite party - A judgment and decree obtained by fraud does not operate as..........
Criminal Procedure Code, 1973, Section 25, 24 - - Appointment of Public Prosecutor - Appointment of writ petitioners, Public prosecutors expired after completion of three years - Assistant Public Prosecutor asked to function as Public Prosecutors by issuing impugned notification - Contention that Asstt. Public Prosecutor cannot be appointed or join post of Public..........
Civil Procedure Code, 1908, Order 18, Rule 18 -- Court inspection - Court can undertake inspection only if there is some confusion created by the evidence already adduced - Merely for the reason that Court has prepared inspection note the evidence of expert witness cannot be said to be not looked upon - Court cannot base its judgment solely on the basis of inspection note..........
Contempt of Courts Act, 1971, Section 13 -- Civil Contempt - Mere inaction on the part of Government or its servants does not amount to contempt of Court - Essence of offence of Contempt of Court is willful disobedience to any judgment, decree, direction or orders of a Court not mere inaction to give effect to it. 1974(2) ILR (FB) relied...........
Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendens - Construction by Judgment Debtor on land in dispute during pendency of suit - Construction not to effect the rights of decree holder - Construction do not confer any legal and equitable right in favour of judgment debtor - Construction raised during of pendency of suit hit by doctrine of lis pendens...........
Civil Procedure Code, 1908, Section 152 -- Provision of S.152 CPC empowers the Court to correct its own error in a judgment, decree or order from any accidental slip or omission - The principle behind the said provision is that nobody shall be prejudiced by an act of Court...........
Civil Procedure Code, 1908, Section 152, 151 -- Decree - Correction - Court cannot exercise jurisdiction u/ss 152, 151 CPC so as to review its judgment - Court cannot also exercise its jurisdiction when no mistake or slip occurred in the decree or order...........
