Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Offence of cruelty - Accused husband residing beyond territorial jurisdiction of Magistrate who issued process - As per amended provisions of Cr.P.C. of 2005, Magistrate to make enquiry in relation to accused who were residing outside his territorial jurisdiction before issuing process - No such enquiry..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 363, 366 -- Bail - Offence u/ss 376, 363, 366 IPC - Prosecutrix in her statement u/s 161 Cr.P.C. stated that she has married accused - Bail allowed...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 376 -- Dying declaration - Decease making statement that she was committing suicide as accused has backed out from his promise to marry her - Deceased also stated that accused had forcibly committed rape on her and due to fear and shame, she had not disclosed this fact to anybody - Held, rape being part of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - To introduce counter claim - Issues framed and order passed for cross examination of witnesses of plaintiff - Proviso to O.6.R.17 CPC puts an embargo on exercise of power to allow amendment after trial has commenced - Application dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Written statement - Amendment - To introduce counter claim against co-defendants - Held, counter claim against co-defendant cannot be allowed...........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death and cruelty - Accused subject deceased wife to cruelty on account of dowry demand - Deceased died of burn injuries - No evidence to indicate that there was any demand for dowry - No incident of harassment which could actuate accused to induce his wife to end her life - Father of..........
Criminal Procedure Code, 1973, Section 161 -- Statement recorded u/s 161 Cr.P.C. of all the persons whom the prosecution proposes to examine as its witnesses should be produced in Court and copies supplied to accused...........
Evidence Act, 1872, Section 32 -- Dying declaration - Accused can be convicted solely on the basis of dying declaration - Court is required to see that following circumstances do not exist viz. (a) statement was as a result of tutoring or prompting; (b) it is not a product of imagination which means that it is to be ensured that deceased was in a fit statement of mind and..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Prosecution allegations that accused, colleague of deceased, allegedly killed her suspecting to be in love with her company boss - Cause of death due to burn injuries as per medical evidence - Statement of witnesses who brought the deceased to hospital that on enquiry by..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Murder - Informant explained delay as she went to police station in the night to lodge report but her statement was not recorded and police personnel came at spot with her - Held, delay sufficiently explained...........
