Indian Penal Code, 1860, Section 304(Part II), 324, 341, 147, 148, 149 -- Offence u/ss 304(Part II), 324, 341, 147, 148, 149 IPC - Fifteen named accused and some unnamed accused were mentioned in complaint itself - However, no motive alleged in the complaint - No independent witnesses examined apart from injured witnesses to prove prosecution case - Even injured witnesses..........
Punjab Town Improvement Trust Act, 1922, Section 32, 43 -- Power of development authority - As regards power to alter/change the scheme after its sanction, there is an enabling power with the Improvement Trust u/s 43 of the Act after obtaining the prior approval of the State Government - However, question is whether exercise of such power is bonafide and in public interest..........
Criminal Procedure Code, 1973, Section 217 -- Alteration of charge - Recall of PWs - Waiver of right to further examine any witness by prosecution cannot impair or affect in any manner, the near absolute right of defence to seek further cross-examination of any witness, as said right is not dependent on conduct of prosecution, rather it appears to be a rule against..........
Criminal Procedure Code, 1973, Section 217 -- Alteration of charge - Recall of PW for further cross-examination - S.217 Cr.P.C is not restricted its application to fact situations contemplated u/s 319 Cr.P.C and even not governed by principle for invoking S.311 Cr.P.C - It is an independent provision...........
Criminal Procedure Code, 1973, Section 217 -- Alteration of charge - Recall of PW for further cross-examination - Accused facing heavy charge of offence u/ss 302, 120-B IPC after alteration of charge - By very nature, relevant facts were introduced by alteration of charge - Accused had not confronted with specific charge prior to alteration of charge - In the context of..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Order of eviction on ground of material alteration and denial of title - Plea that only symbolic possession can be given, rejected...........
Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge - Charge altered u/s 302 IPC to S.304-A IPC by High Court - Validity - Blast occurred in factory premises which took the life of seven workers - No fault occurred in decision of High Court for altering the charge - Without expressing any opinion on factual controversy, Sessions Judge directed to..........
Civil Procedure Code, 1908, Section 92 -- Application u/s 92 CPC - After settling of scheme - Maintainability - In absence of specific provision in scheme permitting amendment or alteration, application is not maintainable...........
Civil Procedure Code, 1908, Section 92 -- Application u/s 92 CPC - After settling of scheme - Attempt to change the name of temple - Does not amount to modification or alteration of scheme, it is only directions for administration in terms of scheme - Hence, such applications filed after settling of scheme is maintainable...........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - Colored Xerox copy - Original document is alleged to be modified or manipulated by complainant - Accused wants to question the genuineness of original document in the light of alteration and modification made by complainant compared to Xerox copy of the same - Authenticity of document produced by accused and..........
