Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - Written Statement - Suit is at advance stage - plaintiff has concluded his entire evidence and defendant has also been given opportunity to lead his entire evidence - Amendment not allowed...........
Motor Vehicles Act, 1988, Section 166, Criminal Procedure Code, 1973, Section 154 -- Accident - Compensation - Proof - Specific mention by eye-witness that it was due to rash and negligent driving of claimant road accident took place resulting into death of deceased - Statement of eye witness fully corroborated by FIR - Though FIR is not substantial piece of evidence but..........
Indian Penal Code, 1860, Section 304B, Criminal Procedure Code, 1973, Section 374 -- Dowry death - Appeal against conviction - Death of wife of accused occurred within 7 years of marriage - Evidence on record and statement of complainant (brother of deceased) clearly stating that deceased was put to harassment for demand of dowry soon before her death - Order of..........
Indian Penal Code, 1860, Section 376 -- Rape - Story of prosecutrix that accused has taken her nude photographs while she was bathing is highly improbable as no efforts were made by investigating officer to operate said mobile phone in order to ascertain the factum of such photographs - Moreover, prosecutrix also stated that accused is known to her and he came to her house..........
Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry Death - Abetment to suicide - Cruelty - Deceased dies by burning herself after 1 and 1/2 years of marriage - Death of deceased under u, natural circumstances - FIR coupled with statement of father of deceased and corroborated by uncle of the deceased established that deceased was harassed for bringing insufficient..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition filed by husband - Allegations of husband are vague and general - No specific incidence of quarrel which humiliated either husband or mother-in-law - Husband not stated any specific date, month or year when wife insulted him in presence of his friends and relatives or left the house without..........
Criminal Procedure Code, 1973, Section 439 -- Regular Bail - Material against petitioner is inculpatory disclosure statement of an accused who has already been acquitted - Bail application of present petitioner allowed with surety bonds...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Petitioner was well aware of the proceedings and sought to get himself impleaded as party, had not field written statement, was proceeded against exparte, thereafter did not Challenge the exparte proceedings and let a final decree passed - After final decree has been passed, petitioner slept over his right inspite..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 218, 219, 220 -- Recovery of 30 kgs of poppy husk - 90 kgs poppy husk recovered next day on basis of disclosure statement of accused - Court below tried and convicted accused in respect of 30 kgs only - Court below inadvertently did not try accused in respect of second..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Proof - Death of deceased occurred within one year and four month of marriage - Demand of dowry soon before death is not borne out from record - No complaint has been placed on record which father stated moved to sarpanch in regard to demand of dowry and no evidence to show any panchayat was convened in this respect -..........
