Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought after commencement of trial - Non pleading that inspite of due diligence amendment sought could not be pleaded before commencement of trial - Order allowing amendment, set aside...........
Indian Penal Code, 1860, Section 376 -- Rape - Allegation that accused committed rape upon prosecutrix and got her pregnant - However, specific admission of prosecutrix that accused did not agree for marriage and therefore, complaint was made - Prosecutrix delivered a baby boy - No DNA test was conducted by prosecution to child born to prosecutrix in order to connect crime..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - After grant of bail accused continuously threatening informant - Bail cannot be cancelled on this ground...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiffs by way of amendment not building up some new case contradictory to case made in the plaint by them or they are retracting from any admission - No allegation that plaintiffs were not diligent at the time of filing of suit and despite the pretty good knowledge of all the facts sought to be..........
Indian Penal Code, 1860, Section 302, 307, 148, 149 -- Murder - Testimony of PW5 and PW6 - PW5 in her evidence not mentioned about accused and she only states that third person had fired a gun shot which had injured her leg - Evidence of PW6 is disbelieved by trial Court qua co-accused - When trial Court disbelieved the testimony of PW5 and PW6 qua co-accused, it could not..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Reduction of sentence - Incident is of the year 2002 - Accused has differently abled son - Life imprisonment awarded to accused reduced to period already undergone by him which is 10 years and nine months approximately - However, accused will pay a fine of Rs.10,000 and in default whereof he will..........
Criminal Procedure Code, 1973, Section 156(3) -- FIR - Preliminary inquiry before registration of FIR - If application u/s 156(3) Cr.P.C does not discloses cognizable offence per se, but it is indicative of commission of some cognizable offences, Magistrate has discretion to direct a preliminary inquiry before directing registration of FIR...........
Criminal Procedure Code, 1973, Section 209, 321 -- Offence exclusively triable by Court of Session - Once it appears to Magistrate that offence is exclusively triable by Court of Session, then other than for considering matters relating to bail and remand as provided u/s 209 (a) to (d) Cr.P.C., Magistrate has no implicit power to entertain any other matter, including an..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Once bail is granted to applicant, he is always expected to not only join investigation but also participate therein...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 328, 506 -- Anticipatory bail - Rape - Complainant is a married lady having two children - Accused and complainant were known to each other - Prior to registration of FIR, accused already lodged a complaint against complainant regarding theft of his mobile phone and other valuable items -..........
