Criminal Procedure Code, 1973, Section 451 -- Release of seized property - Interim custody - Preservation of property during trial of case - It is not necessary that original property inevitably has to be preserved and produced - Reception of secondary evidence is permissible - Instead of producing original property production of photographs of property, depicting all..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 323, 324, 452, 148, 149, 506 -- Summoning of Doctor - To prove Radiological Reports - Doctor conducted radiological examination of injured - However, doctor was not cited in list of PWs by I.O due to oversight and omission could not be noticed by Assistant Public Prosecutor at the time of..........
Civil Procedure Code, 1908, Section 153 -- `Suit' - Term `suit' is comprehensive and encompasses proceedings in the Court of justice by a party for an action under law and proceedings for execution of the order of Court involving different modes of procedure under order 21 CPC...........
Civil Procedure Code, 1908, Section 152, 153 -- Amendment of cause title - Execution proceedings - Ss.152, 153 CPC empower Executing Court to allow amendment of cause title in execution proceedings...........
Constitution of India, 1950, Article 32, Shri Jagannath Temple Act, 1954, Section 21 -- Administration of Temple - Prasadam - Sold in not hygienic manner - Directions issued that such places be improved and made hygienic, prasadam should be kept in fly proof receptacles and it should be sold at proper rates, to be fixed by Temple Management - Purity of prasadam also shall..........
Suit for damages - - Compensation - Injuries and disabilities suffered in an attack by defendants - Compensation ordered to be paid in the criminal case - Even if compensation is granted in the criminal case, plaintiff is entitled to approach civil court to get compensation for any harm suffered by him, though standard of proof is different...........
Indian Penal Code, 1860, Section 376, 302, 34 -- Rape and murder of minor girl - Merely because a ghastly crime has been committed, Court cannot reduce standard of burden of proof cast upon prosecution...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Grant of adequate opportunity to JD before detention is necessary till, he has nothing further to state...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Executing Court is to record a positive finding as to fact that there is no possibility of satisfying decree except by way of arrest of JD - Merely because it appeared to Court that there is no possibility to satisfy decree, is not equivalent to `satisfaction' statutorily..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Executing Court is required to issue a show cause notice calling upon JD with regard to payment of decretal amount, failing which JD was liable to be arrested...........
