Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 451, 506, 509, 120B, 34 -- Quashing of Charge sheet - Offence u/ss 323, 341, 451, 506, 509, 120-B, 34 IPC - Various uncontroverted allegations were made against accused - None of these allegations appear to be absurd or inherently improbable - There is no ground to exercise power u/s 482..........
Civil Procedure Code, 1908, Section 151 -- Reopening of plaintiff's evidence - Probate proceedings - Probate application is pending before trial Court since 2009 - Plaintiffs sought time on various occasions for leading their evidence and last opportunity was granted to plaintiffs to lead their evidence, however, plaintiff's right for leading their evidence was closed -..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Provision of de novo trial is mandatory for accused summoned u/s 319 Cr.P.C. - It would not be sufficient to only tender the witnesses for cross examination of such a person rather they have to be examined afresh - Earlier proceeding will become ineffective and inoperative because the accused brought u/s..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Court when forming opinion for deciding discharge application, it has to discuss material of charge sheet available before him...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court not to embark on a detailed enquiry or examine supporting material minutely while exercising jurisdiction u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 386, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 386, 506 IPC - Quashing of FIR - FIR in question based on Whatsapp message sent by accused to complainant - However, a bare look at Whatsapp message would not indicate that complainant was put in fear of injury or there was any inducement to deliver property or valuable..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Proforma defendant - Opportunity to lead evidence after contesting defendant concludes his evidence - Not permissible - In such a situation contesting defendant will not get an opportunity to lead counter evidence...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Certified copies of judgment and order of judicial Courts having material bearing on issues involved in the appeal - No additional evidence is required to be recorded to prove additional documents, as same are certified copies of judgments passed by Judicial Courts - Application..........
Civil Procedure Code, 1908, Section 100, Order 6, Rule 17 -- Second appeal - Amendment in memo of appeal - Appeal not admitted - Facts and grounds mentioned in the memorandum of appeal do not amount to improvement of basic pleadings of parties and even can be argued orally - Therefore, if additional facts and grounds as proposed by appellants are allowed to be amended in..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Defendants by way of additional evidence are attempting to make out case that some of suit properties are purchased by them and they are their self acquired properties - However, no such plea was raised before trial Court as per written statement - There is even no..........
