Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A -- Summoning of additional accused - Dowry death - Evidence produced during trial appears to be sufficient to justify summoning of petitioners - No interference warranted in impugned order of summoning of petitioners - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 482, 245, Indian Penal Code, 1860, Section 323, 504, 506 -- Order rejecting discharge application - Offence u/ss 323, 504, 506 IPC - Specific averment was there that accused was not aware of complainant - Till disposal of application u/s 245 Cr.P.C, no additional evidence was there on basis of which charge is to be framed by trial..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issue regarding possession - Partition suit - Plaintiff filed suit seeking its division by metes and bounds and in alternative, he has prayed for sale of property by auction and for distribution of sale proceeds inter se parties to the extent of shares claimed in suit - Relief of possession is..........
Evidence Act, 1872, Section 3 -- Interested/related witness - Testimony of a related or an interested witness can be taken into consideration with additional burden on Court in such cases to carefully scrutinize such evidence...........
Civil Procedure Code, 1908, Order 41, Rule 27(b), 25 -- Additional evidence at appellate stage - Once first appellate Court allowed application U.O.41.R.27(b) CPC by coming to conclusion that document supporting legal plea of defendant should be allowed to be adduced as additional evidence, it rightly allowed the appeal and remanded subject suit to trial Court for fresh..........
Indian Penal Code, 1860, Section 394, 84, Arms Act, 1959, Section 25 -- Robbery - Plea of unsoundness of mind - No deposition was made by any witness, nor did accused himself claim any such impairment during his statement u/s 313 Cr.P.C - On the contrary, conduct of accused running away from the spot of crime as well as attempt to escape from bus, evidence an elevated..........
Bihar State Housing Board Act, 1982, Section 28, 45, 51 -- Bihar State Housing Board (Management and Disposal of Housing Estate) Regulations, 1983 - Regn.7 - Allotment of plots - Powers of Board - Hire purchase agreement was entered thereafter plot was handed over to petitioner - Since adjacent land to plot of petitioner on western side was lying vacant and was of no use..........
Service -- Appointment - Post of teachers - Selection of 10,323 teachers challenged and since very selection and appointment of said teachers were found to be illegal and invalid, services of teachers were terminated after extending time - Attempt on part of State in offering certain alternate employment with age relaxation is not to degrade teachers but some solace is..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Right of pre-emption - Sale deed has come in existence during pendency of present 1st appeal and it was never sought to be produced before 1st appellate Court despite the fact that after its execution, 1st appeal remained pending decision for about 4 years and 9 months - Moreover, it is not mentioned or..........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence at appellate stage - Additional evidence admitted without proof by appellate Court - Lower Appellate Court thus, failed to follow the procedure contemplated U.O.41.R.28 CPC while admitting additional evidence - Court failed to give opportunity to appellant to contest admissibility and relevancy of..........
