Criminal Procedure Code, 1973, Section 311 -- Under Section 311 Cr.P.C. the Court has ample power to summon and examine and reexamine any person whose evidence appears to be essential to the just decision of the case...........
Indian Penal Code, 1860, Section 302 -- read with Section 149 and Section 147 - Appeal against conviction - Dying declaration - Pouring of Kerosene and setting ablaze with a match-stick the deceased - Individual act of `T' - Other accused-appellants cannot be attributed with the common object or intention to cause the death of `S' - Conviction of `T' sustained under..........
Criminal Procedure Code, 1973, Section 228 - - Penal Code, 1860, Sections 306 r/w 116 - Framing of charge - Revision - Held that in the present case it is alleged that there is demand of dowry and the complainant was being harassed. She did not succeed in her attempt to put an end to her life. Section 306 IPC will not be attracted because when there is specific provision..........
Criminal Procedure Code, 1973, Section 228 -- Penal Code, 1860, Section 304B r/w Section 511 - Framing of charge - Revision - Held that it is not the prosecution case that the persistent demand of dowry was with a view that complainant would commit dowry death. The demand was being made to get more dowry. It is not the prosecution case that petitioners were driving her..........
Criminal Procedure Code, 1973, Section 181(4) -- Complaint under section. 406 IPC - Summoning order - Territorial jurisdiction - Petition for quashing - Held that in view of the provisions of Section 181(4) Cr.P.C. the Court at Morad Nagar, where the property was entrusted and being retained has the jurisdiction to try the case. The mere fact that the complainant after..........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968, Section 30(3) - Question of facts - Quashing proceedings - The defence which are taken by the dealer u/S.30(3) of the Insecticides Act are the defences of facts, which can only be proved by leading evidence before the Magistrate and inquiry cannot be embarked upon by the High Court while exercising the..........
Civil Procedure Code, 1908, Section 96, Order 23, Rule 3 -- Maintainability of appeal - Always open to a party to suit to contend that there has been no compromise or adjustment - Such denial if made - Court has to satisfy itself and decide said question - Court passed judgment and decree in tune with compromise while determining said question - Such judgment and decree..........
Criminal Procedure Code, 1973, Section 482 -- Haryana Good Conduct Prisoner's (Temporary Release) Act, 1988, Section 3(1)(b), 3(2)(b) and 3(2)(c) - Parole - The executive instructions issued by the department against the grant of parole on more than one occasion for the purpose specified in Section 3(1)(b) cannot be made a ground to deny the benefit of parole to the..........
Criminal Procedure Code, 1973, Section 401 -- Punjab Excise Act, 1914, Section 61(1)(a) - Revision - Production of case property - During the course of trial when the evidence was recorded, the prosecution did not produce the lahan that was recovered - Held that it may not be mandatory in all cases to produce the case property. If prejudice is caused to a person by non..........
Criminal Procedure Code, 1973, Section 482 -- Prevention of Food Adulteration Act, 1954 - Section 13(3) - Complaint - Petition for quashing - The complaint as such will not be quashed simply because another report of the Central Food Laboratory which is little at variance with that of the Public Analyst has been received...........
