Constitution of India, 1950, Article 226, 227, 228 -- Writ petition - Locus standi - There is no provision under Rules of High Court of Kerala enabling a non-party spouse to file a writ petition on behalf of a party spouse, without a duly executed power of attorney, in the status of an agent...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charges - At the stage of framing of charges, a prima facie case should be established, focusing on whether there is a strong suspicion against the accused, rather than a detailed assessment of evidence...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 228 -- Cheating - Framing of charge - Once accused is not told that he is facing charge of cheating the State, he cannot be held liable for cheating the State by holding that error was committed by Trial Court while framing charges...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 376(2)(n) -- Framing of charges - Rape - Promise to marriage - Not even single averment made in complaint that accused refused to marry victim or that marriage between them became impossible - Even, parties maintained relationship for 5 long years which makes it difficult to hold that sexual..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 417, Dowry Prohibition Act, 1961, Section 4 -- Framing of charges - Cheating - False promise to marry - No recital in FIR or charge sheet that Rs.5 lacs is demanded at time of construction of house - Even, statement of victim's mother nowhere shows that Rs.5 lacs is paid by her - Moreover, as per..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the time of framing charges, Court has to accept material brought on record by prosecution and elaborate enquiry is impermissible...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307 -- Framing of charge - Offence u/s 307 IPC - At the time of framing of charge, Court has to see whether the act, irrespective of its result was done with intention or knowledge and under the circumstances mentioned in S.307 IPC...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the time of framing of charge, a mini trial is not permissible and trial Court has to proceed with material brought on record by prosecution and determine whether facts emerging from material taken on its face value, disclose existence of ingredients necessary of offence alleged...........
Criminal Procedure Code, 1973, Section 397, 401, 228 -- Revision - Scope of interference and exercise of revisional jurisdiction is extremely limited and should be exercised very sparingly, specifically in instances, where decision under challenge is grossly erroneous, or there is non-compliance of provisions of law, or finding recorded by trial Court is based on no..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the time of framing of charge, Court has only to consider material available for framing an opinion as to whether, prima facie offence is committed which would require accused to be put on trial - It is open to Court, at the stage of framing of charge to ascertain as to whether allegations made in the..........
