Civil Procedure Code, 1908, Order 11, Rule 14, 21 -- Production of documents - Non-compliance of order - Order does not come under the purview of O.11.R.21 CPC - It is adverse inference which can be drawn in proper cases but Court cannot substitute the exercise of jurisdiction U.O.11.R.21 CPC either to strike off the defence or to dismiss the suit...........
Indian Penal Code, 1860, Section 304, 80 -- Accident - Benefit of presumption u/s 80 IPC - Prosecution has no case that accused had necessary intention to cause death of deceased - Even, prosecution miserably failed to establish that accused drove vehicle without proper care and caution - Admitted case of prosecution is that wooden logs and rocks were placed across the..........
Indian Penal Code, 1860, Section 304B, 201 -- Dowry death - Reduction of sentence - Conviction of father-in-law and mother-in-law - Demand of dowry has been established and proved by prosecution - Deceased died within a period of one year of her marriage - Offence u/s 304-B IPC is the offence against society - Such offences have serious impact upon society - Imposing..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court in acquittal appeal is not required to rewrite judgment or to give fresh reasoning, when reasons assigned by Court below are just and proper...........
Criminal Procedure Code, 1973, Section 441 -- Bail bond - Sureties - Wife and brother of accused - No disqualification could be found against sureties as far as solvency is concerned - Nothing on record that accused has influenced the sureties - Nothing is noted against the conduct and character of surety - Rejecting surety on the ground that accused has influenced the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte temporary injunction - Notice received after passing of the date of hearing has no legal sanctity - Moreover, purported receipt of registered envelope by defendant cannot be treated to be a proper service in the eye of law - Service thus, was not properly effected and date of hearing also abruptly changed by..........
Indian Penal Code, 1860, Section 341, 323, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 341, 323, 34 IPC - Quashing of FIR - Acts alleged against accused are not trivial in nature - Nature of injuries and harm caused to complainant and his wife can only be ascertained after conclusion of trial and after appreciating evidence to be led by prosecution - At..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife is a young lady aged about 21 years staying alone along with her aged parents - She does not have any source of income of her own as she is not employed and is totally dependent on her parents for her livelihood - It is difficult for her to travel all the way from Chennai to Vellore to attend..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - It is not open to High Court in exercise of powers u/s 438 Cr.P.C to add third parties to proceedings, as if it is invoking powers U.O.1.R.10 CPC much less those parties who are neither necessary nor proper parties to application under consideration...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for specific performance - Impleadment of third party on the ground that third party may have some material which would assist Court to arrive at correct determination of lis is impermissible in law - Such a person may be material witness, he certainly is neither a necessary nor a proper..........
