Criminal Procedure Code, 1973, Section 319 -- Additional accused - Exercise of power by Sessions Court - Held, once Sessions Court takes cognizance of offence pursuant to committal order, only other stage when Court is empowered to add any other person to array of accused is after reaching evidence collection when powers u/s.319 Cr.P.C. can be invoked - There is no other..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought at the stage when case was fixed for arguments - To prove Will and copies of mutation - Copy of mutation available but not produced on record - Will a registered document - No explanation as to why petitioners did not take any steps for proving the Will by leading secondary evidence - Application an..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Before a party is allowed to produce additional evidence, he has to establish that such evidence was not within his knowledge or could not, after exercise of due diligence, be produced by him at the time when the decree appealed against was passed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Application should be decided along with appeal and cannot be taken up independently without taking up the appeal...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 6, 106 -- Murder - Deceased died homicidal death - Dead body of deceased was found inside room where appellant and deceased only two persons were residing - Held, S.106 of Evidence Act provides that when any fact is especially within knowledge of any person, burden of proving that fact is upon him - In..........
Crime against Women -- Incidents of rape, eve-teasing, sexual harassment/exploitation, acid attacks - High Court issued Directors which are in addition to Directions issued by Supreme Court - Such Directions are not exhaustive in nature as it would always be open for the appropriate State Governments to take any other additional initiative towards prevention and control..........
Court Fees Act, 1870, Section 7(iv)(c), (v)(e), Civil Procedure Code, 1908, Order 7, Rule 11 -- Filing of declaratory suit in which consequential relief of injunction sought - Valuation of court fee - Held, plaint for purpose of court-fees and jurisdiction is required to be valued in accordance with S.7(iv)(c), (v)(e) of Act on market value of suit property - Plaintiff not..........
Criminal Procedure Code, 1973, Section 319, 273 -- Additional accused - De novo trial - As per S.319(4) Cr.P.C. de novo trial of newly added accused is mandatory - Requirement as per S.319(1) that newly added accused could be tried together with accused is directory - De novo trial would be only in respect of newly added accused - After completing de novo trial, judgment..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Participation of large number of accused in the incident apparent on the face of record - Respondents named in the FIR, during investigation and in testimony of witnesses - No reason for prosecution to have let out them from charge sheet - Held, there is sufficient material on record of the case to summon..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Cannot be permitted to be adduced so as to fill in the lacuna or to patch up the weak points in the case...........
