Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Rent petition - Issues were framed in the year 2015 - Subsequently, witnesses of landlord were examined and even one witness on behalf of tenant had been examined by trial Court Application for framing additional issues filed at this stage that too after 8 years of framing of issues - All..........
Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance to wife and children - Wife is not earning and is residing separately with children - Consequently, a reasonable and sufficient amount is required for maintenance to plaintiffs including their education and medical expenses - Husband was working as a software engineer in USA at the time of filing of..........
Will -- Execution of Will by mother in favour of plaintiff - Father is disputing the alleged execution of unregistered Will executed by his wife - Burden is on plaintiff to prove the alleged unregistered Will as per the provisions of Ss.68, 69 of Evidence Act - Since alleged Will is not proved by plaintiff trial Court rightly ordered for partition of the plaint-C schedule..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 323 -- Bail - Murder of wife and minor daughter - Prima facie allegations against petitioner are grave and serious - Allegedly petitioner brutally assaulted his wife with a grinding stone following a demand for money and in a further act of cruelty lifted his minor daughter by her..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused summoned u/s 319 Cr.P.C may be tried separately - If trial of other accused has concluded and it is not feasible to carry on joint trial of newly added accused with other accused persons who are already facing trial, separate trial of newly summoned accused is not barred under law...........
Criminal trial -- Prosecution cannot be allowed to improve its case as set out in the charge sheet...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Allowed by Appellate Court - On the same very day appeal was allowed by setting aside judgment and decree of trial Court - No reason given as to why in the absence of further evidence being recorded by first appellate Court on basis of amended written statement, judgment and decree of trial..........
Criminal Procedure Code, 1973, Section 313 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.351) - Examination of accused u/s 313 Cr.P.C - Court is entitled to secure the assistance of public prosecutor and advocate representing the accused to prepare the questions to be put in the examination u/s 313 Cr.P.C - A Public Prosecutor has to play an active role in ensuring that..........
Criminal Procedure Code, 1973, Section 24, 304 -- Role of Public Prosecutor and appointment of legal aid lawyers - Directions issued: (i) It is the duty of Court to ensure that proper legal aid is provided to an accused; (ii) When an accused is not represented by an advocate, it is duty of every Public Prosecutor to point out to Court requirement of providing him free..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 20, 27A, 20, 60, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Contraband - Contraband recovered falls in the category of Commercial Quantity which attracts S.37 of NDPS Act - However, petitioner has undergone actual custody for a period of more than three years and challan in the case..........
