Criminal Procedure Code, 1973, Section 133, 138(2) -- Order passed u/ss 133, 138(2) Cr.P.C - Writ petition - Maintainability - Generally, an alternative revision mechanism is available against an order u/s 133 Cr.P.C passed by Magistrate - However, it does not create an absolute bar in invoking writ jurisdiction of High Court u/art 226 of Constitution...........
Criminal Procedure Code, 1973, Section 133, 138(2) -- Order passed u/ss 133, 138(2) Cr.P.C - Writ petition - There is no allegation with respect to violation of principles of natural justice - Even, petitioner could not establish her case with support of any documentary evidence, Court cannot go much beyond pleadings - Since order passed u/ss 133, 138(2) Cr.P.C after..........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 227 -- Rape - Discharge - Prosecutrix made a consistent case in her complaint and statement recorded u/s.164 Cr.P.C. that accused under the pretext of promise to marry continued to have sexual relationship with prosecutrix despite knowing from inception that inter-caste marriage was not..........
Indian Penal Code, 1860, Section 328, Criminal Procedure Code, 1973, Section 227 -- Administration of stupefying substance - Discharge - Nothing on record substantiates the claim of the prosecutrix that she had been administered any stupefying or unwholesome substance to attract the offence of S.328 IPC - Order of discharge for offence u/s 328 IPC upheld...........
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...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte ad interim injunction without notice to the opposite party - Court should record its reasons - An obligation is cast on the applicant to comply with requirements of clause (a) and (b) of the proviso - Both the provisions are mandatory...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte ad interim injunction - Non-compliance of provision of O.39.R.3 Proviso (a), (b) CPC - If Court is satisfied of non-compliance by applicant with provisions contained in proviso then on being so satisfied would simply vacate ex parte order of injunction without expressing any opinion on merits of case leaving it open..........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as his own witness - Party who wishes to appear as his own witness has to appear before any other witness on his behalf is examined - Only exception is that Court may permit him for reasons to be recorded in writing that he may appear as his own witness at a later stage...........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as his own witness - Appearance at a later stage - No whisper in the application that out of the list of witnesses which witnesses are required to be examined before he can step into witness box as his own witness - Reasons why these witnesses are to be examined before the party is examined as his own witness also..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Generally on the basis of evidence before it during trial, Sessions Court is fully empowered and armed with competent jurisdiction over issue of summoning additional accused persons to face trial along with accused persons who were already been tried by it...........
