Criminal Procedure Code, 1973, Section 309 -- Transfer of case - Sessions case - Judge showing undue haste in disposal of the case and that has created bona fide apprehension in the mind of the petitioner that no justice would be done to him - Normally the Sessions case are required to be heard on day to day basis and there is no question of granting repeated adjournments..........
Criminal Procedure Code, 1973, Section 309 -- Witness present in Court - Must be examined on that day - Case can be adjourned without examination of the witnesses present in Court for 'special reasons' after mentioning the same in the order...........
Criminal Procedure Code, 1973, Section 309 -- Adjournments - Inconvenience of an Advocate - Is not a 'Special reason' for granting adjournment...........
Criminal Procedure Code, 1973, Section 309 -- Day to day examination of witnesses - If not possible due to non co-operation of the accused or his counsel Court can remand the accused to custody or impose costs on the party seeking adjournment or when the accused is absent and the witness is present Court can cancel his bail if he is on bail unless an application is made on..........
Criminal Procedure Code, 1973, Section 309 -- Witnesses - Examination - Witnesses must be examined from day to day without giving chance to accused to threaten or win over witnesses - Cross examination of witnesses should not be deferred beyond two or three days, if at all adjournment is inevitable...........
Criminal Procedure Code, 1973, Section 309 -- Sessions trial - Cross-examination - Held, it should not be deferred beyond two or three days - Cross-examination of witness conducted more than one year after completion of examination-in-chief not justified...........
Criminal Procedure Code, 1973, Section 309, Constitution of India, 1950, Article 21 -- Speedy trial - Right flows from Article 21 of the Constitution and it encompasses the stage right from the date of registration of the FIR - If trial is for offence punishable with imprisonment for next exceeding seven years evidence shall be closed on completion of two years from..........
Criminal Procedure Code, 1973, Section 73, 167, 309 -- Arrest during investigation - Produced before Magistrate - On such production, the Court may either release him on bail or authorise his detention in custody either police or judicial - Held, it is not correct to state that warrant of arrest could be issued by Court solely for production of accused before police -..........
Indian Penal Code, 1860, Section 309 -- The provision of S.309 is not violative of Article 14 Constitution of India...........
Indian Penal Code, 1860, Section 309, Constitution of India, 1950, Article 21 -- Scope of Article 21 Constitution of India - The scope of article 21 does not include `Right to die' - `Right to die' if any, is inherently inconsistent with `Right to life' - P.Rathinam's case 1994(3) SCC 394 overruled...........
