Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - At the belated stage - Proposed amendment is not found to be necessary for the purpose of determining real question of controversy between parties - On the death of defendants when their LRs were brought on file, plaintiff could have asked for amendment at that stage but it was not done - Now,..........
Criminal Procedure Code, 1973, Section 432, 433 -- Remission - Murder of two persons - Accused convicted and sentenced for more than one life imprisonment for causing death of two persons - It is a case of concurrent sentence and not a sentence of imprisonment consecutively - Such sentence of imprisonment is not the subject matter in an appeal before the competent Court -..........
Criminal Procedure Code, 1973, Section 256 -- Dismissal of complaint - Non-appearance or death of complainant - If complaint is dismissed for non-appearance or death of complainant, after appearance of accused on service of summons or otherwise, same amounts to acquittal of accused u/s 256 Cr.P.C - Therefore, remedy of complainant is to file an appeal as provided u/s..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Murder - Death by burning - Allegation that accused stuffed cloth in the mouth of deceased was serious and specific against her - However, in absence of any question having been put to her in this regard u/s 313 Cr.P.C, accused seriously prejudiced in her defence...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Murder - Death by burning - Burden of proof on an accused in support of defence taken u/s 313 Cr.P.C is not beyond all reasonable doubt, as it lies on prosecution to prove charge...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 188, 147, 148, 153, 323, 505, 435, 120B, 34 -- Bail - Murder - Prima facie no material is available with prosecution from statements of eye witnesses or video clips of mobile phones to show that petitioners were part of mob which caused unlawful activity at Gali No.1 resulting in..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant no.1 - Substitution of LRs - One of LRs of deceased defendant already been impleaded as a defendant in the suit, therefore other LRs be impleaded as defendants - Though there is delay in filing application for bringing LRs on record and there is no formal prayer for condonation of delay but in interest of..........
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 41, Rule 14(3) -- (As in HP) - Substitution of LRs - Death of defendant No.18 during pendency of first appeal - Defendant No.18 was proceeded ex parte in trial Court as well as in first Appellate Court - He did not contest matter in either Courts and as such his service or service upon his LRs..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of one of plaintiffs - Substitution of LRs - Husband of deceased plaintiff not willing to join - Interest of minor children of deceased plaintiff allowed to be protected - Maternal grandmother of children directed to be taken on record as plaintiff and husband of deceased plaintiff as defendant...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of bail - Dowry death - Demand of dowry - Prima facie there are serious allegations in FIR in regard to harassment suffered by deceased in close proximity to her death over demands for dowry by accused - Order granting bail..........
