Civil Procedure Code, 1908, Order 22, Rule 3 -- Impleading of L.R's - Courts are not required to delve into the question of title - Court is only required to see whether the person sought to be substituted has any right or whether he is the legal representative of the heirs, as defined under Section 2(11) CPC...........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 113(a) -- Abetment to commit suicide by married woman - Presumption - Allegation that the accused used to ill treat his wife as he was suspecting her fidelity - No material sufficient to prove this allegation - Prosecution witnesses also did not support prosecution case - Held, presumption under Section..........
Criminal Procedure Code, 1973, Section 210 -- Complaint case as well as FIR arising out of same incident - Police after investigation submitted report under Section 173 of the Code - Held, both the cases be clubbed and tried in a manner as prescribed for a case registered by the police...........
Indian Penal Code, 1860, Section 302, 304 -- Part II - Nature of offence - No intention on the part of accused that his action will cause death or such bodily injury as is sufficient in the ordinary course of nature to cause death of deceased - Case not covered under clause (4) of S.300 IPC - Case is covered under Section 304 Part II of IPC...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 10 bags of poppy husk each containing 35 kgs poppy husk - Accused found sitting on the bags in fields - Accused acquitted - Held, prosecution case suffers from following infirmities : (a) Informer of secret information not examined; (b) No corroborative evidence that accused indeed collected..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence - Proceedings before the executing court - Additional evidence necessary for proper adjudication of controversy - Additional evidence disallowed on the ground that provisions relating to additional evidence deleted through amendment - Held, Court in exercise of inherent powers under Section..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Omission to mention section - Discharge - Held, mere omission of relevant section in sanction order would not vitiate proceeding, but sanction order on face of it, needs to reflect basic facts constituting offence and those facts must be placed before sanctioning authority for its consideration to..........
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 7 -- Suspension of conviction and sentence - Conviction u/s 13(1)(d) r/w S.13(2) and S.7 of Prevention of Corruption Act - Where there is an order of conviction, though the power to suspend such order of the conviction is not alien to Section 389 of the Code, its..........
Indian Penal Code, 1860, Section 34 -- Common intention - Law as to - Direct proof of common intention is seldom available - Such intention can only be inferred from the circumstances appearing from the proved facts and proved circumstances - There must be plan or meeting of mind of all the accused persons to commit the offence - It can be pre-arranged or on the spur of..........
Indian Penal Code, 1860, Section 415 -- Cheating - Ingredients of offence of cheating are : (i) deception of a person either by making a false or misleading representation or by other action or omission; (ii) fraudulently or dishonestly inducing any person to deliver any property; or (iii) to consent that any person shall retain any property and finally intentionally..........
