Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment once allowed and taken on record, reengaging with the same fact by taking subsequent events of change would be futile attempt which caused unnecessary delay in litigation, same cannot be allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, 15 -- Contraband - Criminal conspiracy - Once there is absence of material on record regarding meetings or minds with accused `S', who was driving the truck from where the contraband articles have been recovered, accused `J' cannot be convicted u/s 29 of the Act and eventually fasten with the conviction of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - When marriage between parties has irretrievably broken down, any attempt to force parties to live together would tantamount to causing mental cruelty and would only prolong mental agony of parties for rest of their lives...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque presented not within three months of its issuance - Clarification that accused assured him encashment of cheque and insisted to present cheque after couple of days - Clarification is an attempt in despair to bring the presentation within validity period - Trial Court committed no mistake in..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Apprehension of prosecution that accused may influence witnesses - Concern of prosecution can be taken care of by directing accused not to make any attempt to influence the witnesses...........
Indian Penal Code, 1860, Section 376, 452, 506 -- Rape - Non-examination of sole eye witness - No reason given by prosecution as to why brother of deceased who is eye witness to incident not examined - There is no attempt to recover knife from accused, as it is specific case of prosecution that accused committed the offence by threatening to harm prosecutrix - Even, no..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has made no attempt to raise funds to pay remaining portion of sale consideration within the period of agreement - Even, at the time of filing suit or after filing of suit, no attempt was made by plaintiff to show that he has capacity to pay balance sale consideration and to get sale deed..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323 -- Bail - Attempt to murder - Accused neither armed with any weapon nor he gave any serious injury to father of complainant - Allegation that accused gave kick blows to complainant - Culpability of accused would be decided during trial of case - Challan has already been presented -..........
Indian Penal Code, 1860, Section 376 -- Rape - Where the acts of accused exceeded the stage beyond attempt to commit it, he is guilty of offence punishable u/s 376 IPC...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - Accused forcibly took victim to a deserted place, kept her in a room throughout the night and committed rape on her and thereafter next day in the night he left her outside the..........
