Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Filed at belated stage - Liberty was granted to plaintiff to file fresh amendment application, however, there is no occasion for plaintiff to wait for three years when suit was listed for final hearing and also in mean time he himself filed petition for early disposal of suit - Moreover, if amendment is..........
Indian Penal Code, 1860, Section 376, 420, Criminal Procedure Code, 1973, Section 482 -- Rape - Consensual physical relationship on an assurance of marriage for a considerable period of time - For some reason, the parties fell apart - It can happen both before or after marriage - Complaint filed after three years - Permitting further proceedings under FIR would amount to..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - High Court set aside order of discharge and remitted the matter to trial Court - No reasoning given by High Court - Impugned order set aside - Matter remitted to High Court for decision afresh...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Default in payment - Sentence - Magistrate imposed total imprisonment of 56 months for failure to pay monthly maintenance amount of Rs.2000 - Failure of husband to pay maintenance of Rs.2000/- appears to be on account of financial constraints which is evident from fact that husband has served sentence of..........
Indian Penal Code, 1860, Section 376(2)(1), 323, 506 -- Rape - False promise of marriage - Prosecution failed to prove that accused had ever cheated prosecutrix by not disclosing that he was married - It was a mutual relationship between parties - FIR got registered against accused when said relationship became sour - No medical evidence was led to show that prosecutrix..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Accused convicted in different cases - Court may direct subsequent sentences to run concurrently with previous sentence as per S.427 Cr.P.C - Taking into consideration of facts of case as also quantum of cumulated sentences passed against accused, sentences imposed upon accused shall run..........
Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - Main accused fled after the incident to Pakistan with the assistance of present accused persons - Accused were involved in disappearance of evidence, as blood stained gunny bag/bori was found at the instance of accused - Even, weapon of offence also recovered at the instance of accused - Accused rightly..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband has been taken by Court below not less than Rs.40,000 to 50,000 - However, Court awarded lesser amount of maintenance @ Rs.7000 p.m - Without making any interference on merits and factual matrix of case, maintenance amount enhanced from Rs.7000 to 10,000, which shall be payable from..........
Criminal Procedure Code, 1973, Section 17(2) -- Powers of Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate - Additional Chief Metropolitan Magistrate can be said to be at par with Chief Metropolitan Magistrate in so far as powers to be exercised under Cr.P.C are concerned...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Eye witness of incident who filed complaint has not stated about involvement of accused in particular - Overt act against each person is not mentioned but same is improved in his evidence as PW1 - It is not clear as to who has beaten deceased with stick and on which part of body of deceased causing grievous hurt leading..........
