Criminal Procedure Code, 1973, Section 240 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.263(1) - Framing of charge - Charge should be framed in writing - It cannot be in a printed format - Court cannot prepare a format of charge and fill the details of each case in vacant space of format...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW12 for further re-examination - Murder - CD of CCTV footage and pen drive in question were handed over to SHO by a third party - Accused therefore, has every right to seek re-examination of PW12/Inspector to elicit all relevant facts before trial Court delivers its final decision - Moreover, accused `R' initially..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 403 -- (Criminal Procedure Code, 1973, S.362) - Review - Criminal Court has no power to recall or review its own judgment - Only permissible action is to correct or rectify clerical errors by virtue of S.403 BNSS...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- (Criminal Procedure Code, 1973, S.482) - Petition u/s 528 BNSS - Once earlier writ petition filed by complainant had been dismissed, another petition seeking same relief, styling it to be a petition u/s 528 BNSS, could not have been entertained - Only remedy available to complainant in such circumstances would be to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - If complaint is out of vengeance, then Court can interfere u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 354, 511, 323, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, Criminal Procedure Code, 1973, Section 482 -- Outraging modesty of women - Quashing of proceedings - Complaint has been lodged out of mala fide intention after a lapse of 15 days from the date of lodging of FIR by applicant No.1 against husband and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Considering plaint pleadings it cannot be said that period of limitation is a pure question of law - It is a mixed question of law and fact which cannot be considered for rejection of plaint barred by law - It requires evidence and proof during trial - Order of rejection of plaint..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - When there was a specific averment in plaint with respect to suit being within limitation from the date of knowledge, it was not a case for rejection of plaint U.O.7.R.11 CPC at the stage of registration...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At this stage only plaint averments are to be considered and are to be taken as true and correct on their face value...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Question of second suit whether barred by law U.O.2.R.2 CPC, cannot be decided U.O.7.R.11 CPC at the preliminary stage of registration...........
