Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Cheating - Fraudulent withdrawal of amount from bank account of complainant - Merely because proposed accused once had supplied a copy of statement of account to complainant which was either dim or misprinted, opinion cannot be formed that he was in connivance with accused who allegedly..........
Service -- Re-instatement with continuity in service with full back wages - Respondent not reported to the duty despite statement made by his counsel before High Court - Conduct of respondent itself establishes that he is no more interested in employment what to talk of back wages - Award of Labour Court granting back wages and continuity of service to respondent set..........
Indian Penal Code, 1860, Section 376(2)(f) -- Rape of 6 years old girl - Accused contended that victim stated his name on the say of police - It cannot be appreciated that police would have told name of accused to victim, as accused has not explained as to what grudge police have against him in his statement recorded u/s 313 Cr.P.C or even in cross-examination of I.O -..........
Indian Penal Code, 1860, Section 376(2)(f) -- Rape of 6 years old girl - Testimony of victim - Victim identified accused in Court and also stated that he used to wander in their vicinity after consuming liquor and she knows her - She told the nick name of accused to her parents - Victim had given details as to how incident had taken place and who has done the act -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - If the pleas sought to be introduced by plaintiff by way of an amendment is also the plea which defendant has set up in written statement and such a plea of plaintiff is an alternative plea, even though it is inconsistent with original plea, since there is no prejudice caused to defendant, Court is not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Court always gives leave to amend the pleading of a party, unless it is satisfied that the party applying was acting mala fide, or that by his blunder, he had caused injury to his opponent which may not be compensated for by an order of costs...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Before commencement of trial - Amendment sought to bring true facts before Court and would not cause irreparable loss to plaintiffs - Amendment application allowed subject to payment of cost of Rs.2000/-...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused stabbed deceased with a double sided knife - Injuries disclosed by post mortem report and inquest report are consistent with deposition of PW1 and PW16 - Nature of complaint is thus, supported by evidence of PW1 and PW16 - Weapon of offence i.e knife recovered at the instance of accused and forensic report also..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of poppy husk - Non-compliance of provision of S.57 of the Act - Report u/s 57 of the Act prepared and sent to DSP by I.O and he had forwarded the same to SP without any delay - Statement of SI is on record that report was prepared and sent to higher officers and DSP also stated that on receipt of..........
Civil Procedure Code, 1908, Order 8, Rule 1, Commercial Courts Act, 2015, Section 16 -- Written statement - Not filed within statutory period - Commercial Court is justified in rejecting the application to accept the written statement...........
