Criminal Procedure Code, 1973, Section 228 -- Framing of charges - Offence u/ss 498-A, 326, 307, 506, 34 IPC - There is no material on record against any of accused u/s 498-A IPC, but there are materials to frame charge against all the petitioners u/ss 325, 307, 34 IPC and also there is material to frame charge u/s 506 IPC - Charge u/s 498-A IPC deleted and a fresh charge..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302 -- Framing of charge u/s 302 IPC - Trial Court while framing charge u/s 302 IPC has not prima facie considered the statement of witnesses u/s 161 Cr.P.C and contents of postmortem report regarding death of deceased and nature of injuries of deceased given in post mortem report - No sufficient..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Grounds taken by defendant in his application U.O.7.R.11 CPC, can be pleaded by defendant in his written statement and the same can be decided after framing an issue in this regard after considering the evidence of parties at the stage of hearing of suit - But, same cannot be looked into at the time of..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Non-framing of points for determination by first appellate Court - Provision of O.41.R.31 CPC is mandatory and if judgment of appellate Court does not follow provision of O.41.R.31 CPC, judgment is vitiated...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Framing of points for determination by first appellate Court is only to enable it to concentrate and rivet its attention on controversy between parties and to facilitate the weighing and balancing of evidence, facts and considerations appearing on both sides and to arrive at a conclusion..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Non-framing of points of determination - Provision of O.41.R.31 CPC is mandatory - If judgment of appellate Court does not follow the provision of O.41.R.31 CPC judgment is vitiated...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charge, Court cannot apply its judicial mind for scrutinizing the fact as to whether that evidence available on record is sufficient for conviction or not...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Accused had by their act and consecutive course of conduct, constituted such circumstances that deceased was left with no other option except to commit suicide - On the grounds of these repeated ferocious acts of accused, an instigation may have to be inferred by trial Court while framing charge u/s 306 IPC -..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Discretionary power u/s 319 Cr.P.C. to be used sparingly where circumstances of the case so warrant - In the instant case, materials on record could not be said to have satisfied i.e more than a prima facie case as exercised at the time of framing of charge but short of evidence that if left..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 36 -- Contraband - Commercial quantity - Expeditious disposal of case - Directions issued: (i) Police report filed before Trial Court shall carry the details of officer heading the prosecuting agency; (ii) Head of prosecuting agency shall be responsible for supervising the progress of trial; (iii) on the day..........
