Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Change of counsel - Not a ground for recall of witnesses - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs - Applicant contended that his earlier counsel could not effectively cross-examine PWs - Incompetency of a Lawyer engaged by applicant cannot be presumed by Court - Applicant had engaged a Lawyer of his choice - If applicant is of the view that his Lawyer had deliberately not put certain questions thereby..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of FIR - Defence of accused cannot be looked into while considering writ petition seeking quashing of FIR...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband failed to file an affidavit of his assets and liabilities in response to the copy of affidavit of assets and liabilities of wife supplied to husband till awarding of interim maintenance by Family Court - It cannot be said that no proper opportunity of hearing was granted to husband - Even after..........
Criminal Procedure Code, 1973, Section 125, 421 -- Arrears of maintenance - Non payment - Warrant of arrest cannot be issued straight way without levying the amount due as fine and without making any attempt for realisation that fine in one or both the modes for recovery as provided in S.421(1) Clause (a) or (b) say by issuance of distress warrant for attachment and sale..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Level of satisfaction for summoning a person u/s 319 Cr.P.C is higher than that which is required at the time of summoning of an accused at the initial stage...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C is applicable at both stages i.e at inquiry and at trial...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Merely on assumption that what would happen at the stage of S.245 Cr.P.C, it cannot be said that a Magistrate may not exercise its jurisdiction u/s 319 Cr.P.C at the stage of S.244 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Merely because a person is summoned u/s 319 Cr.P.C beyond the period of limitation, it cannot be said that cognizance is taken against him beyond limitation provided cognizance of offence has been taken within limitation...........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C - Mere delay in recording statement u/s 161 Cr.P.C is not sufficient to discard evidence of witnesses out rightly...........