Indian Penal Code, 1860, Section 302, 324, 449, 34 -- Murder - Testimony of child witness - PW1/child witness was hiding in his house at the time of incident and he disclosed the incident to milkman after the accused fled - Said milkman was not examined - There is no support or corroboration to testimony of PW1 - Possibility of PW1 being tutored cannot be ruled out - It is..........
Civil Procedure Code, 1908, Order 21, Rule 85 -- Auction sale - Payment of balance amount - Statutory period has been prescribed for deposit of full amount of sale money as contemplated U.O.21.R.85 CPC - Discretion exercised by executing Court permitting auction purchaser to deposit amount beyond said period is uncalled for - Impugned order of allowing petitioners to pay..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420 -- Anticipatory bail - Granted with condition to deposit Rs.22 lacs - Accused himself volunteered to deposit the said amount - However, even if accused himself had undertaken to make payment, such undertaking could not have weighed in the mind of High Court to decide the question of grant of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Physical disability - Compensation - Loss of earning capacity - Appellant was working as a gunman - On account of amputation of his right leg above knee, he was terminated from service - This is his functional disability - Appellant was 50 years and 5 months old - Considering said fact Tribunal rightly assessed loss of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be proved on record by way of additional evidence are extremely relevant material having bearing on issues involved in the case for determining rights of parties - Application filed by plaintiff U.O.41.R.27 CPC was required to be adjudicated upon by first appellate..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Family Court dismissed divorce petition on the ground that wife not joined the matrimonial home, as petition for restitution of conjugal rights filed by husband was allowed - However, Family Court erred in not considering the matter on its merits as wife has specifically pleaded the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner at the stage of second appeal - Boundary dispute - Report of earlier Local Commissioner vague and contrary - Local Commissioner could have been appointed by High Court but as it will cause denial to parties to their right to assail report or findings returned on basis of such report as such..........
Indian Penal Code, 1860, Section 376, 452, 506 -- Rape - Non-examination of sole eye witness - No reason given by prosecution as to why brother of deceased who is eye witness to incident not examined - There is no attempt to recover knife from accused, as it is specific case of prosecution that accused committed the offence by threatening to harm prosecutrix - Even, no..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from selling properties allegedly bequeathed to him by father of defendants through unregistered Will - Finding on prima facie case recorded by trial Court while allowing application is not supported by any material on record - Trial Court has put negative burden upon defendant..........
Criminal trial -- Circumstantial evidence - Chain has to be complete in all respects so as to indicate guilt of accused and also exclude any other theory of crime - One of the links not proved - Conviction and sentence set aside...........
