Indian Penal Code, 1860, Section 302, 307, 201 -- Triple murder case - Circumstantial evidence - Recovery of weapon of offence at the instance of accused - Recovery of hammer effected from a canal - Recovery panchnama shows that said hammer was having blood-stains which was packed in a bag which was put in water - Hammer was recovered from a place which is open and..........
Indian Penal Code, 1860, Section 302, 307, 201 -- Triple murder case - Circumstantial evidence - Recovery of blood stained clothes of appellant - It is appellant who had informed police about the crime and he was present there, therefore, presence of blood-stains on his clothes cannot be said to be unnatural - However, recovery is from a place which is open and accessible..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- Agreement to sell - Suit for specific performance - Trial Court partly decreed the suit to the extent of recovery of Rs.40,000/- - Separate appeal or cross objections thereagainst not filed - In the absence of cross appeal or cross objections, first appellate Court could not have recorded a finding that subject..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for recovery of possession - Plaintiffs by way of amendment for the first time pleaded that registered sale deeds do not bind them - Such a plea was not made at inception despite its knowledge - Reason mentioned in the affidavit is due to inadvertence - Amendment after commencement of trial is..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Conditional leave to defend - Imposition of condition to deposit an amount in the Court before proceeding further is justifiable and that grant of leave by a Court U.O.37 CPC to defendants to defend the case is discretionary in nature...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Conditional leave to defend - Order of trial Court granting conditional leave was never called in question by either of parties - Said plea cannot be entertained by High Court while adjudicating appeal filed against impugned judgment of decreeing suit...........
Civil Procedure Code, 1908, Order 37, Rule 3(6) -- Summary suit for recovery - Court trying a suit U.O.37 CPC is within its powers to pass a decree U.O.37.R.3(6) CPC in favour of plaintiff forthwith on account of failure of a defendant to comply with conditions upon which leave is granted...........
Suit for recovery of possession -- Suit for possession by a vendor seeking recovery of possession is maintainable and is not dependent on their ownership...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 15(c), 18(c), 25, 29 -- Bail - Contraband - Accused implicated primarily on the basis of memorandum of co-accused recorded u/s 27 of Evidence Act and his own memorandum - No recovery has been made from accused and he was not present on the spot at the time of..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - FIR was ante timed FIR - FIR lodged after recovery of dead body, as till police had come, it was not known to anyone where dead body was and after investigation police recovered dead body - Though in investigation it was alleged that gambling was done with the help of playing cards, but neither playing cards had been..........
