Criminal Procedure Code, 1973, Section 391 -- Additional evidence - Merely because additional evidence is permitted to be recorded by trial Court it does not mean that opinion has been expressed by appellate Court, even impliedly, on admissibility and reliability of said additional evidence...........
Criminal Procedure Code, 1973, Section 125(5), 127 -- Cancellation of maintenance order - Divorce on ground of adultery passed in favour of husband after passing of order of maintenance - Order of civil court granting divorce on the ground of adultery attained finality - It is not necessary for husband to lead evidence again in the proceeding before Magistrate to prove..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Grant of bail merely on the ground that deceased belonged to another religion without discussing relevant factors relating to granting or withholding bail in a murder case - Order granting bail set aside - Matter remitted for decision afresh...........
Criminal Procedure Code, 1973, Section 301 -- Prosecution by private counsel - Oral arguments - First informant/victim cannot as a matter of right assert that his counsel should be permitted to make oral arguments over and above arguments that may be canvassed by Public Prosecutor - Even if Court permits, assisting counsel can submit written arguments after evidence is..........
Criminal Procedure Code, 1973, Section 301 -- Prosecution by private counsel - Public Prosecutor alone is sole officer to decide general policy of trial - Even after permission granted for rendering assistance u/s 301(2) Cr.P.C, responsibility for conduct of prosecution continues to be with Public Prosecutor...........
Criminal Procedure Code, 1973, Section 301 -- Sessions trial - Appearance by Public Prosecutor - In Sessions trials, case against accused is to be prosecuted only by Public Prosecutor and not by counsel engaged by aggrieved private party...........
Criminal Procedure Code, 1973, Section 301 -- Appearance by Public Prosecutor - In Magistrate's Court anybody (except police officer below the rank of inspector) can conduct prosecution, if Magistrate permits him to do so - Once permission is granted, person concerned can appoint any counsel to conduct prosecution on his behalf in Magistrate's Court...........
Criminal Procedure Code, 1973, Section 301 -- Prosecution by private counsel - Private counsel so instructed to act in case pending before any Court is permitted to act `under the directions of Public Prosecutor' i.e if public prosecutor otherwise willing to accept such instructions from private pleader, he can authorize such pleader to act in the case - Question of..........
Indian Penal Code, 1860, Section 34 -- Common intention - In order to bring a case in the ambit of S.34 IPC, prosecution has to prove actual participation of more than one person for commission of a criminal act done in furtherance of common intention as a prior concept. (Para 22) Indian Penal Code, 1860, Ss.307, 34 - Abetment of suicide - Common intention - There is no..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 456 -- Discharge - Lurking house trespass - Accused entered into room in possession of complainant through window - Police submitted charge sheet against accused - Merely because suit for partition filed by accused regarding disputed property is pending, it does not give him right to forcefully..........
