Criminal Procedure Code, 1973, Section 125 -- Maintenance - Execution of maintenance order - Look out notice - Cannot be issued for recovering the dues of maintenance...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after a delay of 7 years from filing of written statement - No new fact is going to be pleaded and amendment if allowed would not change the nature of defence raised by defendant - Application allowed subject to payment of costs of Rs.30,000/-...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 396, 412 -- Second bail application - On parity basis - Dacoity with murder - Incident is very serious as four persons have been done to death and injured was seriously injured - Merely because co-accused has obtained bail by concealment of correct facts, parity of such order cannot be..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Power u/s 391 Cr.P.C is not intended to allow parties to re-litigate entire case by introducing fresh evidence...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - S.391 Cr.P.C. provides that an appellate Court may at its discretion take additional evidence if it considers such evidence necessary for just decision of case - However, power to take additional evidence should be exercised sparingly and only in cases where: (i) evidence sought to be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Documents in question was within knowledge of petitioner at the time of adducing his evidence before trial Court - However, same was not produced at that stage - Proposed additional evidence appears to have no relevance..........
Criminal Procedure Code, 1973, Section 482 -- Direction to police to file Charge sheet - Cannot be granted...........
Criminal Procedure Code, 1973, Section 173 -- Investigation - Completion of investigation without unnecessary delay is the mandate of law - It is obligatory on the part of Investigating Officer to conclude the investigation, as early as possible, and to file final report, closure report or charge sheet without any delay...........
Criminal Procedure Code, 1973, Section 172 -- Police diary - Court can use the entries made in diaries for the purposes of contradicting police officer as provided in S.172(3) Cr.P.C. if there is any inconsistency or contradiction arising in evidence - Under S.172(3) Cr.P.C criminal Court may send for diaries and may use them not as evidence, but to aid it in an inquiry or..........
Criminal Procedure Code, 1973, Section 172(3) -- Police diary - Use of police diary by accused - Neither accused nor his agents shall be entitled to call for such diaries nor he or they may be entitled to see them merely because they are referred to by Court as per S.172(3) Cr.P.C...........
