Criminal Procedure Code, 1973, Section 228 -- Omission to frame charge u/s 338 IPC - Accused had sufficient notice of allegations of negligence against him during trial - There will not be any prejudice caused to him - Omission to frame charge u/s 338 IPC not fatal...........
Indian Penal Code, 1860, Section 308, 338 -- Nature of offence - Accused being conductor of bus rang the bell without waiting for PW1/injured to board the bus - PW1 fell down on the road and came under left rear wheel of bus - Grievous hurt was caused to PW1 as she suffered fractures of pelvis - Accused did not verify whether passengers had properly boarded the bus - He is..........
Indian Penal Code, 1860, Section 338 -- Offence u/s 338 IPC - Incident occurred in 2005 - Accused has undergone sentence for only 36 days - Sentence of S.I for 6 months will be appropriate punishment - However, looking at the serious injuries sustained by PW1 at the young age of 13 years, she must be adequately compensated - In addition to fine of Rs.50,000/- as imposed by..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Dismissal of former suit on the ground of disappearance of cause of action cannot be operate as res judicata in subsequent suit, as judgment passed in former suit was not on merits...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389, 397 -- Dishonour of cheque - Revision against conviction - Suspension of sentence during pendency of revision - Hearing of revision is likely to take time - Defects of prosecution as the same may put an adverse effect on hearing of revision - Without passing any comments on niceties..........
Indian Penal Code, 1860, Section 302, 324, 449, 34 -- Murder - Testimony of child witness - PW1/child witness was hiding in his house at the time of incident and he disclosed the incident to milkman after the accused fled - Said milkman was not examined - There is no support or corroboration to testimony of PW1 - Possibility of PW1 being tutored cannot be ruled out - It is..........
Indian Penal Code, 1860, Section 302, 324, 449, 34 -- Murder - Non-examination of material witnesses - PW1/child witness was hiding in his house at the time of incident and after the incident he disclosed the same to milkman - Prosecution has not explained why milkman was not examined as a witness - He was very important witness who was first person to whom PW1 disclosed..........
Indian Penal Code, 1860, Section 302, 324, 449, 34 -- Murder - Circumstantial evidence - Prosecution stated that there were foot marks of shoes/footwear of accused near the house where incident took place - Prosecution took the moulds of foot marks as deposed by PW6 - Footwear/shoes of both the accused were taken into custody in the presence of PW6 - But the shoes of..........
Civil Procedure Code, 1908, Order 21, Rule 85 -- Auction sale - Payment of balance amount - Statutory period has been prescribed for deposit of full amount of sale money as contemplated U.O.21.R.85 CPC - Discretion exercised by executing Court permitting auction purchaser to deposit amount beyond said period is uncalled for - Impugned order of allowing petitioners to pay..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Vague averments are sought in the application that suit is not maintainable before civil Court, as land is an agricultural land, thus, no partition or sub division of land can be ordered - However, no provision of law by virtue of which present suit is alleged to be hit or barred has been..........
