Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal breach of trust - Suppression of facts - Moreover development agreement itself is taking care of interest of both the parties and giving rise for specific performance or recovery to the other side, action of issuing process is wrong - Dispute civil in nature -..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Charge can be altered at any time even after the case is reserved for judgment...........
Criminal Procedure Code, 1973, Section 216 -- Addition of charge u/s 7 of POCSO Act - Victim speaks of touching by accused at inappropriate places of her body - Charge u/s 7 of POCSO Act thus, rightly added...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Demand of additional electricity consumption charges in view of audit objection - Suit for declaration that audit objection is invalid and consequential injunction restraining defendants from claiming additional electricity consumption charges - As there is no alternative remedy of filing statutory..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29, 60, Criminal Procedure Code, 1973, Section 439 -- Recovery of 201 kg Ganja - Bail - Sampling done contrary to standing Order/Instruction No.1 of 1989 dated 13.06.1989, which is mandatory in nature - Chances of conviction are weak on basis of sampling of contraband - Bail granted to accused with..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third parties - Partition suit - Third parties who claim to hold an agreement of sale executed qua suit property by defendant no.1 are neither necessary parties nor proper parties considering the question involved - Even, plaintiff is opposing impleadment of third parties, which he is well entitled to do -..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 65B -- Recall of witnesses - To prove certificate u/s 65-B of Evidence Act - CDs have already been supplied to accused - Only certificates u/s 65-B of Evidence Act have been allowed to be produced to prove - Accused is not prejudiced in any manner by producing certificates in respect of electronic..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Summoning of additional accused - Rape - Specific role has been ascribed to both summoned accused by prosecutrix - Strong and cogent material on record before Court to prima facie form the opinion that summoned accused..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Conviction based basically on the testimony of P.W.6 - Evidence of witnesses amply clear that P.W.6 could not have witnessed the incident - Medical evidence cannot be used to corroborate that P.W.6 had witnessed the incident - Only because motive is established, conviction cannot be sustained - Accused acquitted...........
Criminal Procedure Code, 1973, Section 228(1)(a) -- Offence u/ss 323, 325, 308 IPC - Plea for committal of case to Court of Magistrate on the ground that offence u/s 308 IPC is not made out - Whether offence u/s 308 IPC is committed or not and whether offence falls under first part or second part of S.308 IPC are matters to be decided during trial - At this stage it can..........
