Service -- Promotion - Post of forester - Educational qualification - Limited Departmental Competitive Examination (LDCE) held for selection for promotion from entire lot of forest Guards irrespective of seniority but subject to minimum 5 years of service - In that situation introducing additional restriction of graduation for participation in LDCE without there being any..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - No limitation is prescribed before Appellate Court to entertain an application - Objection of complainant that application was filed by accused after about 4 years of filing of appeal is not sustainable...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Accused by his application for additional evidence, in his defence, wants to prove his innocence - It cannot be said that accused is trying to fill up a lacuna - Application allowed...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306 -- Summoning of additional accused - Offence u/s 306 IPC - No evidence on record till now that petitioners, on any particular date, time and place harassed the deceased - General allegations against petitioners were levelled by wife of deceased - Mere fact that complainant gave statement to..........
Civil Procedure Code, 1908, Order 14, Rule 5(1) -- Framing of additional issues - Court may at any time before passing a decree amend issues or frame appropriate additional issues - If any new issues are framed after trial has made some progress, Court is obliged to give opportunity to both sides to adduce fresh/further evidence on such newly framed issues...........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 302, 376A, 392, 201 -- Non-framing of additional charge u/s 302 IPC - Charge already framed u/ss 376-A, 392, 201 IPC - Ingredients and sentences prescribed under both the offences i.e S.302 and S.376-A IPC are different and S.302 IPC is not a minor offence to S.376-A IPC - Order passed declining..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 304B, Evidence Act, 1872, Section 32(1) -- Summoning of additional accused - Dying declaration - Dowry death - It is apparent from FIR that specific allegation of demand of dowry is only against husband and not against any other person - Dying declaration of deceased recorded by Judicial..........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - First Appellate Court framed five additional issues and forwarded the same to trial Court for its decision - Trial Court decided said issues and sent back the record to First Appellate Court - First Appellate Court while deciding appeal has not taken any reference of said decision of Trial Court and thus, completely..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - When said person not named in charge-sheet - Power of Court - Provision of S.319 Cr.P.C. can be invoked even where name of person is in FIR yet no charge-sheet is filed against him...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of additional witnesses - Witnesses remained silent for one year - Admittedly, for one year there was no such evidence before I.O. or before trial Court that any witness was present at the spot - If this application is allowed then sanctity of first version given by complainant and investigation conducted by I.O. will..........
