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archives

Lower Court

This tag is associated with 7 posts

Scope of sec.301 and Sec.311 Cr.P.C. – Duty of court / Public prosecutor = Victim/ complainant has got limited scope to participate in criminal trial as state take over the case – When latches and lacunas were brought to the notice before the court or Public prosecutor by him/her , it is their duty to consider the same instead of reject the same as not maintainable under sec.301 Cr. P.C. – When an official Witness who conducted Test Identification parade – Being a Judicial Officer – how can he be permitted to depose in his chief examination contradicting his report/beyond his report which was not found in his record produced – is it not a duty of court or the public prosecutor to cross examine that witness statement made deliberately with out any basis infavour of Accused = Apex court set aside the orders of Lower court and High court and directed the lower court to recall the witness and made specific cross examination about the specific point deposed by him with out any record or beyond his record test identification report and gave an opportunity to file written submissions at the time of arguments = Sister Mina Lalita Baruwa …. Appellant VERSUS State of Orissa and others …. Respondent = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41046

Scope of sec.301 and Sec.311 Cr.P.C. – Duty of court / Public prosecutor = Victim/     complainant has got limited scope to participate in criminal trial as state take over the case – When latches and lacunas were brought to the notice before the court or Public prosecutor by him/her , it is their duty to consider the … Continue reading

Sec.138 ,139 and sec. 118 of N.I.Act – Burden of proof – when the complainant not able to say the date when the amount was given – when failed to produce source of income – when gave contradictory statement about filling of cheque whether by accused or by himself – when there is no pleading that cheque was filled with the consent of accused – mere lack of issuing a reply notice and mere non putting a suggestion that the cheque was a blank cheque are not countable points to over throw the positive admissions made by the complainant – Lower court rightly dismissed the complaint – High court wrongly with out assigning valid reasons convict the accused – Apex court set aside the high court orders = John K. Abraham …. Appellant VERSUS Simon C. Abraham & Another …. Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41045

 Sec.138 ,139 and sec. 118 of N.I.Act – Burden of proof  – when the complainant not able to     say the date when the amount was given – when failed to produce source of income – when gave contradictory statement about filling of cheque whether by accused or by himself – when there is … Continue reading

Or. 47 rule 1 C.P.C. = Review of it’s own judgement basing on fresh documents & fresh thoughts – not correct = Or.1, rule 10 impleading a party with out asking for any relief against him is maintainable as the very purpose of impleading is only for having full and final settlement and to avoid multiple proceedings = N.ANANTHA REDDY Petitioner(s) VERSUS ANSHU KATHURIA & ORS. Respondent(s) = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41043

 Or. 47 rule 1 C.P.C. = Review of it’s own judgement basing on fresh documents & fresh thoughts – not correct – Review of it’s judgement arose only in case of patent errors occurred in earlier judgement but not on fresh out look of the case  – High court confirmed the order of lower court when … Continue reading

Apex court allowed the appeal and condoned the delay and remand the matter to lower court for payment of deficit court fee = Bona fide financial constraint is a valid ground for seeking extention of time for payment of court fee – If the plaintiff is unable to pay court fee, he is at liberty to approach the jurisdictional district legal service authority and Taluk Legal Services Committee seeking for grant of legal aid for sanction of court fee amount payable on the suit before the trial court. = Delay can be condoned not on pure technical points but on equity of justice = When nothing is there to find a fault on the affidavit of the petitioner, it can be considered as a valid ground for allowing the petition = MANOHARAN …APPELLANT Vs. SIVARAJAN & ORS. …RESPONDENTS = http://judis.nic.in/supremecourt/imgst.aspx?filename=40990

Apex court allowed the appeal  and condoned the delay and remand the matter to lower     court for payment of deficit court fee =      Bona fide financial constraint is a valid ground for seeking extention of time for payment of court fee – If the plaintiff is unable to pay court fee, he  is  at  liberty  to  approach … Continue reading

376(2)(g) and 302/34, IPC and sec. 306 of Cr.p.c – Approver – Lower court punished to death basing on the evidence of approver – High court disbelieved the version of approver as he has not disclosed himself as prima accused in the offence and lack of corroboration and set aside the sentence – Apex court set aside the high court order – punished for life etc., = State of Rajasthan …… Appellant Versus Balveer @ Balli & Anr. ….. Respondents – Reported in http://judis.nic.in/supremecourt/filename=40947

376(2)(g) and 302/34, IPC and sec. 306 of Cr.p.c – Approver – Lower court punished to     death basing on the evidence of approver – High court disbelieved the version of approver as he has not disclosed himself as prima accused in the offence and lack of corroboration and set aside the sentence – Apex court set aside … Continue reading

Sections 302 and 307 read with Section 34 of the Indian Penal Code (IPC) and under Sections 25 and 27 of the Arms Act – Apex court set aside the orders of conviction and confirmed the lower court acquittal orders – Joginder Singh … Appellant Versus State of Haryana …Respondent – http://judis.nic.in/supremecourt/imgst.aspx?filename=40895

Sections 302 and 307 read with Section 34 of the Indian Penal Code (IPC) and under Sections     25 and 27 of  the  Arms Act – Duty of High court while reversing  the acquittal judgement based on sound principles – not to be disturbed  with out settling the issues on material aspects  – Non- examination … Continue reading

foreign divorce, – The short lived marriage which got solemnized on 24.6.1999 was dissolved on 17.4.2000 by a decree passed by Superior Court of California, County San Diego, Family Division, in Case No.D.454571 ABC, filed by the husband/appellant herein. 1.1. The wife filed the suit before the 1st Additional Principal Family Court, Chennai, for a declaration that the decree of divorce passed by the Superior Court of California is abinitio void, inoperative and not binding on the plaintiff, which came to be decreed. What is crucial is that the wife has challenged jurisdiction of the Foreign Courts. Only, if a party applies for leave to participate in the proceedings without challenging the jurisdiction one can infer that the party has submitted to the jurisdiction of the Court. But, in this case, the wife on receipt of summons has challenged the jurisdiction of the Foreign Court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.02.2012 CORAM: THE HONOURABLE MRS. JUSTICE R.BANUMATHI and THE HONOURABLE MRS. JUSTICE S.VIMALA C.M.A.No.929 of 2002 against O.S.No.38 of 2000 Bhashyam Ramesh @ Rajagopalan rep. by Power Agent Mr.V.S.Vhasyam … Appellant/Defendant .. Vs .. R.Saroja @ K.K.Saroja 35/2, T.P.Koil Street, Triplicane, Chennai-5. … Respondent/Plaintiff Civil Miscellaneous … Continue reading

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