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Trial Court

This tag is associated with 278 posts

Sec.498 A, 304 B of I.P.C.- A 1-husband acquitted – A 2 sentence was reduced – mitigating circumstances – A1 husband and A2 mother in law – In dying declaration and in her letter , the deceased said that A 1- husband is innocent and further gave credit marks in her letters – Apex court acquitted the husband A1- as far as mother-in-law concerned A2 – she has been demanding for gold chain – Apex court confirmed the one year sentence of imprisonment for sec.498 A and whereas for sec. 304B dispute was taken place on that night between A2 and deceased but not by A1 and so she committed suicide – but not burnt by A 2 – and further more deceased expressed unhappiness in respect of her marriage with A1 which was also one of the cause to commit suicide – Apex court Acquit the A1- husband from sec.304 B and reduced the sentence of A2 from 10 years to 7 years imprisonment and allowed the appeal partly = SATISH CHANDRA & ANR. Vs. STATE OF M.P. 2014 ( May.Part) http://judis.nic.in/supremecourt/filename=41506

Sec.498 A, 304 B of I.P.C.-  A 1-husband acquitted – A 2 sentence was reduced – mitigating circumstances – A1 husband and A2 mother in law – In dying declaration and in her letter , the deceased said that A 1- husband is innocent and further gave credit marks in her letters – Apex court … Continue reading

Dying Declaration – Statement recorded become and treated as Dying Declaration – Sanctity of the same – when it was not recorded word by word , when it was interpolated with new names – when the time was corrected – when the scribe admitted that it was recorded at dictation – Trial court rightly acquitted the accused – High court unnecessarily interfered with the acquittal – Apex court held that The sanctity is attached to a dying declaration because it comes from the mouth of a dying person. If the dying declaration is recorded not directly from the actual words of the maker but as dictated by somebody else, in our opinion, this by itself creates a lot of suspicion about credibility of such statement and the prosecution has to clear the same to the satisfaction of the court. The trial court on over-all consideration of the evidence of PW-25, PW-30 and PW-36 coupled with the fact that there was over-writing about the time at which the statement was recorded and also insertion of two names by different ink did not consider it safe to rely upon the dying declaration and acquitted the accused for want of any other evidence. In the circumstances, in our view, it cannot be said that the view taken by the trial court on the basis of evidence on record was not a possible view. The accused were entitled to the benefit of doubt which was rightly given to them by the trial court. = Muralidhar @ Gidda & Anr. … Appellants Versus State of Karnataka … Respondent= 2014 (April.Part) http://judis.nic.in/supremecourt/filename=41400

Dying Declaration – Statement recorded become and treated as Dying Declaration – Sanctity of the same – when it was not recorded word by word , when it was interpolated with new names – when the time was corrected – when the scribe admitted that it was recorded at dictation – Trial court rightly acquitted the accused – High court unnecessarily interfered with the … Continue reading

Sec.138 ,sec.141 N.I.Act – Partnership Firm – issued cheque – cheque bounced – firm not made as accused – fatal to the prosecution – firm registration form filed by accused can be considered even at preliminary stage against the general rule no document filed by accused can be considered – non issue of reply notice is not fatal for receiving the document filed by accused – complaint was quashed as not maintainable = Smt. Bommidipati Madhavi….Petitioner/accused The State of Andhra Pradesh rep.by Public Prosecutor, High Court of A.P., Hyderabad and another….Respondents = published in judis.nic.in/judis_andhra/filename=10600

Sec.138 ,sec.141 N.I.Act – Partnership Firm – issued cheque – cheque bounced – firm not made as accused – fatal to the prosecution –  firm registration form  filed by accused can be considered even at preliminary stage against the general rule no document filed by accused can be considered – non issue of reply notice is not fatal … Continue reading

Hindu marriage Act sec.13(1) (ia) – mere obtaining restitution of conjugal rights is not a ground for Divorce , when wife not complied with it – Best piece of Evidence of Children about the cruel attitude of father is enough for not granting the Divorce to the Husband against the wife – New tendency of husbands in obtaining restitution of conjugal rights and keeping clam for considerable period and finally filing divorce petition – is to be discourgeable – Husband failed to prove cruelty – Lower court wrongly placed reliance on Restitution of conjugal rights – hence set aside – Appeal was allowed = V.Alivelu Mangas Devi V,Venkata Laskshmi Narasimha Palla Rao = published in judis.nic.in/judis_andhra/filename=10629

THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE M.S.K.JAISWAL C.M.A.No.752 of 2013 28-11-2013 V.Alivelu Mangas Devi V,Venkata Laskshmi Narasimha Palla Rao !Counsel for the AppellantSri Subba Rao Counsel for Respondent: Sri A.K.Kishore Reddy <Gist >Head Note: ?Cases Referred; JUDGMENT: (per the Hon’ble Sri Justice L.Narasimha Reddy) The marriage between the appellant … Continue reading

Bail – transfer of case – Lower court granted bail in high scam – High court cancelled the bail – Apex court confirmed the high court order and transferred the case to other district = Gulabrao Baburao Deokar … Appellant Versus State of Maharashtra & Ors. … Respondents = published in judis.nic.in/supremecourt/filename=41116

Bail – transfer of case – Lower court  granted bail in high scam – High court cancelled the bail – Apex court confirmed the high court order and transferred the case to other district =  The High Court order cancelled the  bail  granted  to the appellant herein in Crime  No.13/2006  registered  at  the  City  Police Station, Jalgaon. The … Continue reading

Sec.406 I.P.C.- Criminal breach of Trust – police reported the case as false – protest petition and it’s appeal were dismissed by lower courts – High court in revision set aside the lower courts order and remanded the case finding prima faice offence for next step allowing protest petition – Apex court confirmed the High court order – Complainant clearly deposed that he had handed over gold while purchasing cloth in accused shop and were not returned – accused admitted the same – enough to hold prima faice case against the accused – accused admitted it – burden lies on him to prove non-guilty = Ghanshyam …. Appellant Vs. State of Rajasthan …. Respondent = Published in/Cited in / Reported in judis.nic.in/supremecourt/filename=41078

Sec.406 I.P.C.- Criminal breach of Trust – police reported the case as false – protest petition  and it’s appeal were dismissed by lower courts – High court in revision set aside the lower courts order and remanded the case finding prima faice offence for next step allowing protest petition  –  Apex court confirmed the High … Continue reading

Sec.101,102 of Evidence Act – Sec.100 of C.P.C = Suit for Declaration of title and consequential reliefs = Goa – Portuguese civil code – Suit for declaration & possession & cancellation of document = with out producing any documentary proof in respect of title – no suit be decreed on vague admission -Sec.101,102 – burden of proof & onus of proof – both are distinct – former never changes – later changes from time to time from one shoulder to other’s shoulder – first plaintiff has to prove his title – then only other things will be considered = sec.100 C.P.C. – when decree was passed on erroneous law and fact , high court can interfere in second appeal – High court rightly set aside the decree and judgement of lower courts = Sebastiao Luis Fernandes (Dead) Through Lrs. & Ors. … Appellants Vs. K.V.P. Shastri (Dead) Through Lrs. & Ors. … Respondents = Published in / Cited in /Reported in judis.nic.in/supremecourt/filename=41061

Sec.101,102 of Evidence Act – Sec.100 of C.P.C = Suit for Declaration of title and consequential reliefs = Goa – Portuguese civil code – Suit for declaration & possession & cancellation of document = with out producing any documentary proof in respect of title – no suit be decreed on vague admission -Sec.101,102 – burden of proof & onus … Continue reading

Retrial – the trial court acquitted the case after full trial on benefit of doubt without considering the medical evidence, and due to non speaking of evidence clearly , due to hostile witnesses and due to improvements- Appellant court set aside the acquittal and remanded the case for fresh trail on petition – High court in revision set aside the retrial order and also set aside the main order of appeal which found prima faice case, with out considering and assessing the medical evidence – Apex court on petition for retrial held that no retrial can be order and confirmed the view of high court – Apex court on SLP against revision held that High court committed wrong in allowing the revision with out considering material as to why the lower appellant court set aside the acquittal order – Apex court remanded the case to high court for fresh disposal on this point = MARY PAPPA JEBAMANI ..Appellant Versus GANESAN & ORS. ..Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41055

Retrial –  the trial court acquitted the case after full trial on benefit of doubt   without     considering the medical evidence, and due to non speaking of evidence clearly , due to hostile witnesses and due to improvements- Appellant court set aside the acquittal and remanded the case for fresh trail on petition … Continue reading

Land Acquisition Act – sec.30 & sec.18 references -Collector award 1985 Sec.30 disposed in 1991- with in 6 weeks applied for sec.18 reference – Lower court awarded enhanced compensation – High court held that the reference was barred by limitation – Apex court set aside the order of High court – after disposal of sec.30 only sec.18 arises – as they applied with in 6 weeks – reference was not barred by limitation = MADAN & ANR. … APPELLANT (S) VERSUS STATE OF MAHARASHTRA … RESPONDENT (S) = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41051

Land Acquisition Act – sec.30  & sec.18 references -Collector award 1985 Sec.30 disposed in 1991- with in 6 weeks applied for sec.18 reference – Lower court awarded enhanced compensation – High court held that the reference was barred by limitation – Apex court set aside the order  of High court – after disposal of sec.30 only sec.18 … Continue reading

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

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