Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from Ss.302, 307 IPC to Ss.304, 308 IPC - Nature of injuries which are reported in post-mortem report co-related with FIR - Trial Court while alerting the charge has gone into records of case i.e. Charge sheet, Chik F.I.R., Tahrir, Injury Report, Inquest Report including post-mortem report, Site plan and..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - While framing the charge, it is expected from a trial Judge to exercise his judicial mind to determine that as to whether a case for trial has been made out or not and while undertaking such proceedings, Court is not supposed to hold a mini trial by marshalling facts and evidence on record - Infact, if..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Appellant and his counsel diligently and sincerely attended Court on multiple occasions - Merely on few occasions, if both are absent that by itself would not be sufficient to pass order of dismissal for non-prosecution and..........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Filed by transferee of decree - O.21.R.16 CPC enables transferee of decree to get decree executed and for such execution no express permission from execution Court is required...........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Filed by transferee of decree - Notice to transferor/DH and JD is required calling for their objections and decide on objections if any raised - No separate application is required and execution Court can take such steps on the execution petition itself - Execution Court committed error in directing DH to proceed..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 465, 466, 467, 468, 120B -- Quashing of FIR - Offence u/ss 465, 466, 467, 468, 120-B IPC - Civil suit preferred by complainant and others already stands dismissed - FIR has been registered after a gap of 16 years - Thus, continuation of proceedings emanating out of FIR are nothing but an abuse of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Future prospects - Deceased was 43 years of age at the time of accident and not in a regular employment - 25% future prospects adopted by High Court is perfectly in order as per decision in Pranay Sethi...........
Service -- Misconduct - Disciplinary proceedings - When a Disciplinary Enquiry against a delinquent for alleged misconduct is initiated and in said Disciplinary Enquiry, he is found guilty and subsequently punished Court before which a challenge is made by delinquent is required to examine and determine following aspects: (i) Whether enquiry was held by competent..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Law as to : (i) Review proceedings are not by way of an appeal and same have to be strictly confined to the scope and ambit of O.47.R.1 CPC; (ii) Review is not to be confused with appellate powers, which may enable an appellate court to correct all manner of errors committed by the subordinate court;..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Impugned order of allowing review petition has not adverted to an error apparent on the face of record, but has taken up an error on re-appreciation of case and counter case of parties - Review order records a few findings extending far beyond actual working out of prayers in a suit for partition - Order..........
