Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction suit - No question framed about lack of evidence, sub letting or incorrect appreciation of facts by Appellate Court on which the final finding of High Court is returned - More so, there is no discussion by High Court as to reasons required for departure from substantial questions of law framed at the stage..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of issues - Proceedings u/s 116 of U.P. Revenue Code - Provisions of CPC is squarely applicable to proceedings u/s 116 of U.P. Revenue Code - However, issues were not framed and evidence was not led - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing charge, Court has to shift and weigh the material only for the purpose of forming an opinion as to whether there is any material to frame charge - While doing so, Court has to peruse entire charge sheet along with statements of victim and other witnesses as well as documents..........
Criminal Procedure Code, 1973, Section 245 -- Discharge - Reasons needs to be recorded in case a discharge application is allowed - However, where discharge application is rejected only prima facie case is to be seen for framing of charge...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Can be filed after filing of written statement, but it should be filed before framing of issues...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the time of framing of charge, entire evidence as collected by investigating agency may be considered to have a prima facie view if there is sufficient material disclosed in the charge sheet - No minute analysis of evidence collected has to be undertaken to consider whether accused would finally be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, 120B, Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992, Section 4, 6 -- Bail - Leakage of REET question paper - Case at the stage of framing of charge - Accused in custody for more than a year - No likelihood of conclusion of trial within a short time - Bail granted...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Act of finally hearing of second appeal without framing of substantial question of law is itself illegal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Nothing on record to show that High Court formulated substantial questions of law and gave an opportunity to parties to argue on the basis of those substantial questions of law - Procedure followed by High Court is completely illegal and contrary to S.100 CPC - Impugned..........
Indian Penal Code, 1860, Section 304(2), Motor Vehicles Act, 1988, Section 187, Criminal Procedure Code, 1973, Section 228 -- Offence u/s 304(2) IPC and S.187 of Motor Vehicles Act - Previous enmity between accused and deceased who was riding the motorcycle - Motorcycle was dragged for a distance of about 70 feet and all the occupants of the motorcycle died on the spot -..........
