Interpretation of statute -- It is open to legislature to alter law retrospectively, provided alteration is made in such a manner that it would no more be possible for Court to arrive at the same verdict...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Court can change or alter charge if there is defect or something is left out - It must be founded on material available on record - However, it is obligatory on the part of Court to see that no prejudice is caused to accused and he is allowed to have fair trial...........
Criminal Procedure Code, 1973, Section 231(2), 311 -- Recall of a witness for cross-examination - Alterations in Malkhana register - Prosecution itself admitted the fact regarding alteration in Malkhana register entries - Accused thus has a right to prove that same discredits the case of prosecution...........
Negotiable Instruments Act, 1881, Section 87 -- Material alteration - Endorsement on the reverse of promissory note - Endorsements merely record details of cheque issued as guarantee against loan advanced - There is no signature either of plaintiff or defendant on said endorsement - More so, endorsement cannot be said to be on the face of promissory note and is not even..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction suit - Structural change - Trial Court came to a definite finding on structural alteration which is endorsed by first appellate court on re-appreciation of evidence - High Court in second appeal was not justified in upsetting the finding which is a pure question of fact...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2) -- Eviction - Re-building - Non-mentioning of condition of building - Where demised premises is required bonafide by landlady for the purpose of rebuilding or making substantial addition or alteration to increase economic utility of demised premises which could not be carried out without eviction of tenant then..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Charge altered u/s 364 IPC to S.364-A IPC - FIR and charge sheet filed for the offence u/ss 302, 201, 364-A IPC - However, due to inadvertent mistake, S.364 IPC inducted instead of S.364-A IPC - Accused fully understood the charges and defended the matter - No prejudice therefore can be said to have been..........
Criminal Procedure Code, 1973, Section 374, 386 -- High Court altered conviction from S.308 to S.325 IPC - Appeal against - As per medical evidence on record, injured has sustained fracture, which would fall under `grievous hurt' u/s.320 IPC - Therefore, alteration of conviction and sentence from S.308 to S.325 IPC, proper...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Complaint filed u/ss 341 & 506 IPC - High Court found that no offence u/ss 341 & 506 IPC was made out against accused but there was reasonable ground to proceed against accused u/s 323 IPC - Impugned order of High Court was not illegal as in view of S.216 Cr.P.C., it is open to "any Court" to alter or add..........
Hindu Adoptions and Maintenance Act, 1956, Section 12, 16 -- Adoption - Registered deed - Alteration in name of parents and initials of child in Birth Register - Name of biological parents in the Births and Deaths Register, need not be changed, just because the child is given in adoption - Petitioner can issue a private notice in the Gazette about the change of initials..........
