Criminal Procedure Code, 1973, Section 26, 193, 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Committal of case to Court of Sessions - Proprietary of - Magistrate committed case on the ground that accused persons had also committed an offence u/s 3(1) (x) of S.C/S.T. Act and case ought to be tried to Court of Session -..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Exercise of power - Held, it is settled law that the exercise of power u/s 319 CrPC is to be on the basis of evidence led during course of trial - In present case, as Court below has drawn its satisfaction on the basis of evidence led during course of trial, order passed by Court below cannot..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Application for - Rejection of - Revision against - In suicide note deceased has clearly mentioned name of both revisionists in no uncertain terms - Contention of counsel for revisionist that suicide note is fabricated and is not in handwriting of deceased hardly merit acceptance and is fallacious - Held, High Court..........
Criminal Procedure Code, 1973, Section 340, 195, 482 -- False statement - Quashing of proceedings - Applicant alleged to have made a wrong statement that revision of other side was dismissed with costs - Held, this statement does not have direct bearing on the outcome of proceedings and would not constitute false statement - It is only that statement which has direct..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 308, 323, 325 -- Summoning of additional accused - Quashing of order - Court below while passing order u/s 319 CrPC has not recorded any specific finding as to whether or not the evidence adduced, if unrebutted, would be sufficient to record a conviction against petitioners - Held, in absence of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Award from date of application - Validity - Applicant/wife is married wife of revisionist/opposite party whereas opposite party had contracted second marriage - Revisionist/opposite party had sufficient means to maintain his wife applicant - Court below had recorded a finding that wife is entitled for maintenance..........
Criminal Procedure Code, 1973, Section 203, Indian Penal Code, 1860, Section 392, 427, 506, 323 -- Dismissal of complaint - Validity - Court below has not discussed evidence to show that there is no sufficient ground for proceeding against accused person - Statement of complainant u/s 200 Cr.P.C. and statement of witnesses u/s.202 Cr.P.C. are unrebutted - There is no cross..........
Criminal Procedure Code, 1973, Section 397(2), 111 -- Interlocutory order passed u/ss 107/111 Cr.P.C. - Revision against - Maintainability - Held, revision not maintainable as S.397 (2) Cr.P.C. bars the exercise of revisional jurisdiction of High Court and Sessions Judge with respect to such an order...........
Criminal Procedure Code, 1973, Section 125(1)(a)(b), Family Courts Act, 1984, Section 19(4) -- Maintenance - Entitlement - Wife employed as teacher and drawing fixed salary - No pleading that minor child is in a position to maintain himself but admittedly he was not a party in the case filed by opposite party - Family Court was pleased to allow claim of maintenance in..........
Criminal Procedure Code, 1973, Section 397, 401, 319 -- Additional accused - Summoning of - Validity - Court below while passing order u/s 319 Cr.P.C. has not recorded any specific finding as to whether or not evidence adduced if unrebutted, would be sufficient to record a conviction against petitioners - Held, in absence of such finding, impugned order cannot be sustained..........
