A. Jurisdiction of High Court—Review Powers—High Court, as court of record, possesses inherent plenary powers to correct its errors, but review powers are limited by Order 47 Rule 1 and Section 114 CPC. Review is not a rehearing and only patent errors apparent on face of record can be corrected. (Paras 28–30) B. Review of Judgment—Grounds for Review—Review maintainable only for discovery of new important matter, mistake or error apparent on record, or other sufficient reason; not for re-argument, minor mistakes, or where alternative views exist—It is not an appeal in disguise. (Para 30) C. Doctrine of Merger—Applicability—Doctrine applies when higher court decides appeal on merits—Dismissal of Special Leave Petition (SLP) in limine does not invoke merger; however, considered dism...

A. Criminal Procedure Code, 1973—Sections 397 & 401—Revision—Setting Aside Conviction in Rape Case—Material inconsistencies in victim’s statements before police, magistrate, and trial court regarding the occurrence and disclosure of the incident—Such contradictions raise substantial doubt about the veracity of the prosecution case. (Paras 30, 31) B. Criminal Procedure Code, 1973—Section 161—Victim’s Statement to Police—Statement regarding sister-in-law's absence at the time of incident contradicted by trial court testimony stating she went to fetch water—Discrepancy weakens prosecution version. (Para 30) C. Criminal Procedure Code, 1973—Section 164—Statement to Magistrate—Victim's claim of reporting the incident to her elder brother&rsquo...

A. Penal Code, 1860—Section 304 Part I—Culpable Homicide Not Amounting to Murder—Accidental Discharge During Scuffle—Conviction unsustainable where evidence suggests firearm discharged during a scuffle without intent to cause death or grievous injury—Medical report indicates a single entry wound; ballistic report confirms functionality of firearm, but prosecution failed to prove intentional firing. (Paras 36, 37, 40, 44) B. Criminal Procedure Code, 1973—Section 374(2)—Appeal Against Conviction—Prosecution failed to establish beyond reasonable doubt that the appellant intentionally used the firearm—Conviction under Section 304 Part I set aside on grounds of lack of intent and reasonable doubt regarding cause of death. (Paras 43, 44) C. Penal Code, 1860—Section 304 Part I&mda...

A. Penal Code, 1860—Section 302—Murder—Circumstantial Evidence—Conviction upheld where the case was based on a consistent and complete chain of circumstantial evidence—The accused and deceased were the only persons in the house, noises were heard from inside, and the accused was found with a dagger at the scene—Medical evidence corroborated multiple injuries on the deceased—The defence of unsoundness of mind was not established. (Paras 23, 26–29, 33, 67) B. Criminal Procedure Code, 1973—Section 313—Examination of Accused—Admission of guilt made by the accused in his statement under Section 313 CrPC can be relied upon to support the conviction, especially when corroborated by other evidence—The accused admitted to killing his father but did not raise a valid legal d...

A. Criminal Procedure Code, 1973—Section 374(2)—Appeal Against Conviction—Conviction under Sections 354 and 448 IPC—Where the Trial Court relied primarily on the testimony of the prosecutrix, which was found to be inconsistent and lacking corroboration from medical or independent evidence, the conviction was held unsustainable and the appeal was allowed. (Paras 8, 9, 10, 30) B. Penal Code, 1860—Sections 354, 448, 376, 511—Sexual Assault and House-Trespass—Conviction under Sections 354 and 448 IPC sustained where the testimony of the prosecutrix was found reliable and consistent with surrounding circumstances, despite minor contradictions and absence of physical injuries. (Paras 29, 31, 35, 36) C. Evidence Act, 1872—Sole Testimony of Prosecutrix—Conviction can rest solely on the u...

A. Motor Vehicles Act, 1988—Section 173—Appeal by Insurance Company—Driver’s License—Where the insurance company fails to adduce reliable evidence to establish that the driver was not holding a valid driving license, the Tribunal is justified in fastening liability on the insurer. (Para 15) B. Motor Vehicles Act, 1988—Section 166—Compensation—Liability of Insurer—Even in case of policy breach regarding driving license, the insurer remains liable to compensate third parties under the “pay and recover” principle. (Para 15) C. Motor Vehicles Act, 1988—Compensation—Interest on Award—Insurer directed to deposit compensation with interest within 90 days, failing which enhanced interest shall apply until realization. (Para 16) D. Motor Accident Claims&md...

A. Constitution of India, 1950—Article 226—Writ Petition—Cancellation of Land Allotment—Natural Justice—Cancellation of allotment issued in the name of the deceased husband of the petitioner, based solely on non-response to a communication addressed to the deceased, held invalid for violation of principles of natural justice. The subsequent allotment made in favour of a third party, being consequential to an illegal cancellation, is also rendered void. (Paras 13, 14, 18) B. Land Allotment—Cancellation—Widow's Rights—Where the original allottee had complied with all formalities during his lifetime, cancellation of allotment due to lack of response to a letter posthumously addressed to him is illegal. The widow's application for transfer and permission to sell merits consideration, ...

A. Evidence Act, 1872—Sections 65B, 76, 77—Admissibility of Certified Copies of Voters' Lists—Rejection of certified copies of public documents such as voters’ lists on the ground of non-compliance with Section 65B(4) is erroneous, as these documents fall under Sections 76 and 77 and do not require proof under Section 65B. (Paras 15, 17) B. Evidence Act, 1872—Section 65B(4)—Applicability—Certified copies of public documents like voters’ lists are admissible without the need for Section 65B(4) certification, given their status under Sections 76 and 77 of the Evidence Act. (Para 17) C. Evidence Act, 1872—Sections 65(f), 76, 77—Secondary Evidence—Certified copies of public documents qualify as secondary evidence admissible under Section 65(f) and are sufficient to pr...

Penal Code, 1860—Section 302—Murder—Proof and Conviction—For establishing an offence under Section 302 IPC, the prosecution must prove that the death was homicidal and that the fatal injury was caused by the accused—In the present case, the homicidal death of the deceased, Suraj Das, was conclusively established through medical evidence, including the post-mortem report and the testimony of the medical officer (PW/9)—The ocular testimony of eyewitnesses (PW/1 and PW/2) unequivocally identified the appellant as the assailant—Their accounts were consistent and corroborated by the medical evidence (PW/9), the recovery of the weapon of offence (MAT Ext 1) through PW/5, and the investigation details provided by the Investigating Officer (PW/8)—Additionally, the seizure of the weapon from the appe...

Civil Procedure Code, 1908—Section 115; Article 227 of the Constitution of India—Revision Petition—Maintainability—Pecuniary Jurisdiction of Appellate Court—An objection to the pecuniary jurisdiction of the appellate court, if not raised at the earliest opportunity before the appellate forum, is deemed to have been waived—In the present case, the objection was raised for the first time in a revision petition under Section 115 CPC/Article 227 of the Constitution—As per Section 21(2) CPC, such an objection must be taken at the earliest stage in the appellate court and must also show that failure of justice has occurred—Where parties have fully participated in the appellate proceedings, contested the matter on merits, and secured a favorable decision, they are precluded from later challenging t...