Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - While exercising powers u/s 319 Cr.P.C Court is not required and/or justified in appreciating deposition/evidence of PWs on merits which is required to be done during trial...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 307, 341, 148, 149 -- Summoning of additional accused - Murder - Name of proposed accused were specifically mentioned in FIR with specific role attributed to them - High Court failed to appreciate fact that for attracting offence u/s 148 IPC only forming part of unlawful assembly is..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought when suit was fixed for rebuttal evidence - Plaintiffs after availing more than 40 effective hearings to lead evidence and having failed to bring on record evidence to support their claim and when suit was fixed for rebuttal evidence and arguments had audacity to move application for additional..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - No effort made to lead additional evidence for the last more than 3 years through being aware of the execution of documents - Moreover bringing on record the document will not help the case of plaintiff in any manner as these documents are not relevant to decide the controversy between the parties -..........
Indian Penal Code, 1860, Section 302, 34, 120B -- Murder - Circumstantial evidence - False information provided by A-1 to PWs after the incident regarding whereabouts of deceased - Said information was an attempt to hide his guilt by de-railing search efforts that were being conducted - A-2 thereafter absconded and surrendered before Court only after coercive measures were..........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Amendment of pleadings - There is no bar to amendment of pleadings in an application u/s 7 of the Act or to filing of additional documents, apart from those initially filed along with application u/s 7 of IBC in Form-1...........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Income of deceased - Admittedly, deceased was a driver of a school bus and he was also owning a lorry which had a goods carriage permit - In such circumstances, merely considering salary of deceased as a driver and not the additional income which he would be earning, cannot be justified - Moreover,..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Names of respondents were mentioned in FIR as well as in statements of PWs recorded during investigation and given before Court - Trial Court committed manifest error in rejecting application for summoning and proceeding against respondents - Application allowed...........
Contempt of Courts Act, 1971, Section 2(b) -- Contempt of Court - Willful disobedience of direction given by High Court - Direction given by High Court to department was limited to consider the case of petitioner for appointment on the post of teacher against any available vacancy - Department rejected the claim of petitioner - It would not be a case of willful..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Report of handwriting expert was sought for comparison of signatures on admitted documents with signatures made on reply to interrogatories and vakalatnama - Suit filed for permanent injunction restraining defendant from encashment of bank guarantee - Bank guarantee is an independent..........
