Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Filed at belated stage - Liberty was granted to plaintiff to file fresh amendment application, however, there is no occasion for plaintiff to wait for three years when suit was listed for final hearing and also in mean time he himself filed petition for early disposal of suit - Moreover, if amendment is..........
Indian Penal Code, 1860, Section 376, 420, Criminal Procedure Code, 1973, Section 482 -- Rape - Consensual physical relationship on an assurance of marriage for a considerable period of time - For some reason, the parties fell apart - It can happen both before or after marriage - Complaint filed after three years - Permitting further proceedings under FIR would amount to..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - High Court set aside order of discharge and remitted the matter to trial Court - No reasoning given by High Court - Impugned order set aside - Matter remitted to High Court for decision afresh...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Default in payment - Sentence - Magistrate imposed total imprisonment of 56 months for failure to pay monthly maintenance amount of Rs.2000 - Failure of husband to pay maintenance of Rs.2000/- appears to be on account of financial constraints which is evident from fact that husband has served sentence of..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Accused convicted in different cases - Court may direct subsequent sentences to run concurrently with previous sentence as per S.427 Cr.P.C - Taking into consideration of facts of case as also quantum of cumulated sentences passed against accused, sentences imposed upon accused shall run..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband has been taken by Court below not less than Rs.40,000 to 50,000 - However, Court awarded lesser amount of maintenance @ Rs.7000 p.m - Without making any interference on merits and factual matrix of case, maintenance amount enhanced from Rs.7000 to 10,000, which shall be payable from..........
Criminal Procedure Code, 1973, Section 17(2) -- Powers of Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate - Additional Chief Metropolitan Magistrate can be said to be at par with Chief Metropolitan Magistrate in so far as powers to be exercised under Cr.P.C are concerned...........
Criminal Procedure Code, 1973, Section 226 -- Charges - Before the Court proceeds to frame the charge against accused, Public Prosecutor owes a duty to give a fair idea to Court as regards case of prosecution...........
Criminal Procedure Code, 1973, Section 228, 227, 239, 240 -- Framing of charge - Case may be a sessions case, a warrant case or a summons case, prima facie case must be made out before a charge can be framed...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302, 304(Part II) -- Framing of charge u/s 304(Part II) IPC - Trial Court while discharging accused u/s 302 IPC proceeded to frame charge u/s 304(Part II) IPC by taking into consideration medical evidence on record - Whether the case falls u/s 302 IPC or S.304(Part II) IPC, could have been decided..........
