Latest Post

Civil Procedure Code, 1908 (CPC) — Order 6 Rule 7 — Pleadings should not raise new claims or inconsistent allegations — A defendant cannot retract their initial stand taken in the written statement and introduce a completely new and contradictory case, especially after issues have been framed and the trial has commenced. Penal Code, 1860 (IPC) — Section 498-A — Cruelty by husband or relatives — Unsustained conviction — Oral testimony and documents were insufficient to establish the crime under Section 498-A — Convictions by trial court and High Court were reversed, and appellant acquitted. Central Civil Services (Conduct) Rules, 1964 — Railway Services (Conduct) Rules, 1966 — Proviso to Rule 1(3) of CCS (Conduct) Rules clarifies that railway servants are Government servants, though different rules apply — Separate service rules are for administrative convenience and do not change their status. Societies Registration Act, 1860 — West Bengal Societies Registration Act, 1961 — Governing documents — By-laws — Clause 24 — Delegation of authority — Majority resolution — A resolution by majority of trustees in writing is valid and effectual as if passed at a meeting of trustees. Criminal Procedure Code, 1973 (CrPC) — Section 235(2) — Conviction without hearing on sentence — High Court, after reversing an acquittal and convicting an accused for the first time, directed the Trial Judge to hear the accused on sentence and impose sentence — Such direction is contrary to law as the appellate court, when convicting for the first time, must hear the accused on sentence and impose it itself — It cannot remit the matter to the trial court for sentencing.