Indian Penal Code, 1860, Section 300, 34 -- Murder - Common intention - Accused with lethal weapons attacked unarmed deceased due to previous enmity - Presence of eye witnesses at place of occurrence, natural - Testimony of eye witnesses inspiring confidence - Non identification of weapons handled by each accused, not fatal - Evidence of Doctor cannot be discarded merely..........
Criminal Procedure Code, 1973, Section 256, 320, Indian Penal Code, 1860, Section 500 -- Defamation - Criminal complainant - Death of complainant - Plea of the appellant with reference to Section 256 Cr.P.C. to dismiss the complaint - Legal heirs of the complainant propose to continue the complaint - Held that if permission is sought for by the legal heirs of the deceased..........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - Exercise by High Court - High Court direction to State to take advice of State Public Prosecutor as to under what section Appellant is to be charged and tried or directing the CB, CID to take up the matter and reinvestigate and prosecute the Appellant - Held, such a power does not come within purview of..........
Indian Penal Code, 1860, Section 380, 454 -- Lurking house trespass - Accused charged with offence of theft and lurking house trespass - Accused acquitted of offence under section 380 IPC - Lurking house trespass or house breaking itself would not bring it within the four corners of Section 454 unless and until it is established that the lurking house trespass or house..........
Civil Procedure Code, 1908, Section 99 -- Irregularity - Non joinder of parties or mis joinder of parties as well as mis joinder of causes of action - These are irregularities in the proceedings in a suit - However, even in such cases Section 99 itself makes an exception in the matter of non joinder of parties - Though it is an irregularity, it can still prejudicially..........
Specific Relief Act, 1963, Section 28(1) -- Specific performance - Decree of - Extension of time for payment of purchase price by Appellate Court - Condition in decree that suit will be dismissed in case balance price is not paid within specified period - Decree does not partaking nature of a final decree - Court does not becomes functus officio once such decree is passed..........
Evidence Act, 1872, Section 27 -- Statement of accused and recovery memo - There is no requirement in Section 27 of the Evidence Act to obtain signature of independent witnesses either on the statement of accused or in the recovery memo...........
Indian Penal Code, 1860, Section 302, 307, Evidence Act, 1872, Section 27 -- Murder - Death Sentence - Accused caused death of four persons of his family by assaulting them with bows, arrows and axe - Confessional statement made by appellant before PW8 Investigating Officer that he entered into house of his father and attacked inmates of house and thereafter concealed bow,..........
Indian Penal Code, 1860, Section 30, 304, PartI -- Murder - Quarrel between accused and PWs - Evidence of eye witness that accused inflicted single blow on neck with long knife - Conviction under Section 302 IPC altered to one under Section 304, Part I, IPC...........
Negotiable Instruments Act, 1881, Section 138 -- Evidence Act, 1872, Section 47 - Dishonour of cheque - Expert opinion - Signature on cheque disputed - Court undertook exercise of naked comparison of signatures of accused on cheque with other admitted signatures and came to conclusion that signature on cheque does not appear to be signature of accused - Court should be..........
