Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Charge u/ss 7 & 13(2) of the Act - Contention that offence u/s 7 and 13 of the Act are separate and independent and separate charges should have been framed - Purpose of framing charge is to make aware the accused as to under what provision of law he was being charged - Accused charged u/ss..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Charge framed only u/s 304-B - Conviction u/s 498-A - Legality of - Held, offence u/s 498-A IPC is lesser offence than 304-B of the IPC, and cruelty as defined u/s 498-A of the IPC is part of S.304-B IPC - No prejudice is caused to appellants and they were fully aware of prosecution allegation regarding..........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 406, 498A - Framing of charge - Quashing of order - Application filed by brothers, their wives and sisters of husband of complainant - Accused persons have been allegedly torturing complainant for car in dowry and by calling her `baanjh' for not giving child - As per..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Objections - Framing of issues - Decree whether obtained by collusion of D.H. with J.D. - Question of fact is involved - To be decided after framing of issues and affording an opportunity to parties to lead evidence...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - On the basis of evidence led additional accused summoned by holding that a strong suspicion can be a ground to proceed against any person in a criminal case - Strong suspicion is a criterion for framing a charge but not for summoning a person as an additional accused - There was no possibility of recording..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Strong suspicion is a criterion for framing a charge but for summoning a person as an additional accused a different legal principle is required to be applied - Court has to exercise power u/s 319 Cr.P.C. on the basis of fresh evidence brought before the Court...........
Criminal Procedure Code, 1973, Section 227 -- Charge - At the time of framing of charge or taking cognizance accused has no right to produce any material...........
Criminal Procedure Code, 1973, Section 227 -- Framing of charge - At the time of framing of charge or taking cognizance the accused has no right to produce any material...........
Criminal Procedure Code, 1973, Section 228 -- Charge - At the time of framing of charge, Court is not expected to go deep into the probative value of material on record - Court has to find out whether a prima facie case is made out against the accused...........
Criminal Procedure Code, 1973, Section 228 -- Charge - Framing of - Police Officers arrested accused who was patient of asthama - Detained him in windowless room which was full of dust and cobwebs which are known allergens for triggering asthama attack - Next day brought to hospital in comatose condition with body showing no signs of pulse, respiration or blood pressure -..........
