Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Guiding principles - Analysed : (a) O.2.R.2 2 CPC operates as a bar against a subsequent suit if requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview; (b) All amendments are to be allowed which are necessary for determining the..........
Indian Penal Code, 1860, Section 494, Criminal Procedure Code, 1973, Section 177 -- Jurisdiction - Offence u/s 494 IPC - Court within whose jurisdiction second marriage is performed has jurisdiction to try case - Complaint filed at place `R' where wife is permanently residing with her parents - Court at place `R' lacks jurisdiction to try the case, hence complaint quashed...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused had no intention to cause injuries to deceased so as to cause his death - He had committed the alleged act with the knowledge that such act was likely to cause death - Case of accused thus, fall u/s 304(Part II) IPC and not u/s 302 IPC - Accused sentenced to imprisonment for a term of 10..........
Indian Penal Code, 1860, Section 498A, 406 -- Cruelty - Quashing of FIR - Wife had not mentioned the date on which she was thrown out from matrimonial home in FIR - Wife was not present in divorce proceedings and ex parte decree was passed against her - FIR filed only to harass and humiliate husband - FIR filed by wife is not bona fide - FIR quashed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(C) -- Recovery of poppy husk - Contraband recovered from pit covered with soil in the field - No evidence on record that accused was in possession of such land - Investigation of case has been conducted in a very causal and unprofessional manner - I.O did not find anything incriminating against persons who..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of complaint - After marriage couple moved to Germany and become citizens of Germany - Decree of divorce granted on 20.07.2017 not be challenged - FIR dated 30.12.2017 quashed as there is no existing husband and wife relationship...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Accused earlier benefited out of an illegal order of Magistrate granting bail, which though cancelled by Sessions Judge - High Court while affirming order cancelling bail granted to accused directed him not to be arrested - Process and manner in which accused was granted..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 419, 420, 477, 120B -- Dishonour of cheque - Quashing of proceedings u/ss 406, 419, 420, 477, 120-B IPC - Petitioners were never summoned for commission of offences punishable u/ss 406, 419, 420, 477, 120-B IPC - It is not the case of the..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witnesses - Parents of deceased who alleged to be eye witness to the incident had seen their son being assaulted by two persons with weapon - PW2 had allegedly fallen unconscious after seeing blood oozing from body of his son - In such situation it is difficult to appreciate these eye witnesses would go..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Fire arm injury - Death of deceased by fire arm injury is not disputed and is proved by post mortem report - Place of occurrence was outside the residence of deceased - Disappearance of empty cartridges from the spot is explained as a number of villagers had gathered on the spot and had access to place of occurrence -..........
