Indian Penal Code, 1860, Section 304B, 498A, 120B, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 464, 216 -- Offence u/ss 304-B, 498-A, 120-B IPC and S.4 DP Act - Non-framing of charge u/s 302 IPC - Prima facie facts discloses commission of homicidal death along with other offences - In absence of charge u/s 302 IPC, accused is likely to be..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate Stage - Board of Revenue without assigning any reason to explain the delay in filing the documents and considering why documents are necessary for proper disposal of case, allowed the application for additional evidence - Applicability of O.41.R.27 CPC to the proceedings under U.P. Land..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 465 -- Sanction for prosecution - Validity - Challenge to validity of order of sanction or validity of proceedings cannot be interfered by appellate or revision Court simply because there was some omission, error or irregularity in the order sanctioning prosecution, unless it finds that..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Complaint filed u/ss 341 & 506 IPC - High Court found that no offence u/ss 341 & 506 IPC was made out against accused but there was reasonable ground to proceed against accused u/s 323 IPC - Impugned order of High Court was not illegal as in view of S.216 Cr.P.C., it is open to "any Court" to alter or add..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Permission to sue - Possession of immovable property does not by itself indicate that one has sufficient means to pay Court fee - Benefit of statute is conferred on persons without sufficient means and not without any means at all - Object of O.33.R.1 CPC calls for liberal approach while considering..........
Criminal Procedure Code, 1973, Section 401, 232 -- Revision - Maintainability - Order of acquittal - Trial Court passed order u/s.232 Cr.P.C. on ground of absence of prosecution witnesses without actually finding out whether summons had really been served and warrants had been executed - Upon perusal of record by High Court it is found that notices were not served upon..........
Civil Procedure Code, 1908, Order 12 -- Admission of documents - O.12 CPC is a procedural requirement dispensing with formal requirement of proving of documents which otherwise a party has to comply with in order to admit documents in evidence...........
Civil Procedure Code, 1908, Order 5, Rule 9 -- Service of summons - Court can order service through registered post simultaneously with the service through its processing agency...........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 103 -- Execution - Third party objections - Third party apprehending dispossession can file objections U.O.21.R.97(1) CPC - Adjudication of claim by Executing Court will be treated as a decree which is appealable - Revision filed against order deciding objections, held, not maintainable...........
Civil Procedure Code, 1908, Order 11, Rule 21 -- Production of documents - Non compliance of order of production - Striking off defence, or to place the party in the same position as if it had not defended - It can only be when there is non compliance of an order passed U.O.11.R.3 or O.11.R.15 - However, in case of non compliance of order passed U.O.11.R.14 or O.11.R.16,..........
