Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 353, 186, 148, 149, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 307, 353, 186, 148, 149 IPC and Ss.25, 27 Arms Act - As per prosecution, petitioner was member of unlawful assembly, which fired towards police party in order to prevent it to discharge its official duty - However, no..........
Civil Procedure Code, 1908, Order 9, Rule 8, Civil Procedure Code, 1908, Order 43, Rule 1(c) -- Restoration of suit dismissed in default - Defendant duly represented and it was plaintiff who did not appear - Order of dismissal of suit is U.O.9.R.8 CPC - Rejection of application for restoration of suit is covered U.O.43.R.1(c) CPC - Factual mistake committed by lower..........
Criminal Procedure Code, 1973, Section 311 -- Examination of witness - Murder case - Wife of deceased filing an application to be examined as a witness claiming herself to be eye witness of incident - Reliability, credibility or evidentiary value of this witness cannot be assessed at this stage - By allowing such witness for examination, it cannot be said that this witness..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After conclusion of plaintiff's evidence - Suit for declaration - Amendment sought for elaboration of facts and description of suit property - Defining property in terms of its number would not change nature of suit, nor suit property would be changed by any necessary implication - Furthermore,..........
Indian Penal Code, 1860, Section 332, 457, 427, 341, 504, 506, 34 -- Criminal trespass and hurt - Petitioner no.1 is daughter-in-law of complainant was in possession of a room much prior to alleged incident as per order of Court under PWDV Act - Allegations in complaint that petitioners forcibly entered into the house of complainant are false - More so, complainant failed..........
Indian Penal Code, 1860, Section 302 -- Murder - Co-accused absconded - Merely because whereabouts of co-accused who was accompanying accused was not traceable, trial of accused on this score will not vitiate nor impugned order of conviction and sentence set aside on this score...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Maintainability - Order dismissing appeal against dismissal of an application U.O.9.R.13 CPC - Second appeal against such order is not maintainable, being not against a decree...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Maintainability - Order dismissing application U.O.9.R.13 CPC - First appeal u/s 96 CPC is not maintainable against such an order, as first appeal has to be preferred against such order u/s 104 r/w O.43.R.1(d) CPC...........
Indian Penal Code, 1860, Section 420, 468, 471 -- Forgery - Appeal against acquittal - Original suit filed for possession by `B' through `A' as attorney - But during the pendency of appeal, B died - Thereafter `A' moved an application for impleading himself as legal representative and the same was allowed - Though it was for limited purpose of deciding the appeal, however,..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Order taking cognizance of offence - Petitioners contended that since summoning order was not passed, therefore, there cannot be a direction to petitioners to appear before CJM concerned - However, Magistrate after satisfying itself not passed summoning order on the pretext that before summoning order,..........
