Criminal Procedure Code, 1973, Section 319 -- Additional accused - Law as to - Summed up : (i) Power to summon an accused is discretionary and extra-ordinary power, which should be exercised sparingly and only if compelling reasons exist at any stage of case; (ii) The order passed under Section 319 of the Code of Criminal Procedure summoning an additional accused should..........
Evidence Act, 1872, Section 113B, Indian Penal Code, 1860, Section 304B -- Dowry death - Presumption - To be raised on proof the essentials viz. - (1) The question before the court must be whether the accused has committed the dowry death of a woman. (This means that the presumption can be raised only if the accused is being tried for the offence under Section 304-B IPC);..........
Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 2, 3 -- Dowry - Under Section 304-B `dowry' has the same meaning as in S.2 of the Dowry Prohibition Act which mean that `any property or valuable security given or agreed to be given either directly or indirectly at or before or any time after the marriage and in connection with the marriage of the..........
Criminal Procedure Code, 1973, Section 202 -- Accused residing outside jurisdiction of Court - Court failed to carry out an enquiry or ordered investigation as contemplated under the amended section of 202 Cr.P.C. - Held, complaint not to be quashed - Complaint has to be remitted with a direction to Magistrate to pass fresh order following the provision of S.202 of the..........
Criminal Procedure Code, 1973, Section 432, 433A -- Power of government to remit sentence - Scope - Held, S.432 has limited application to convict - Remission can be granted u/s 432 of Cr.P.C. in the case of a definite term of sentence - This section will come into play only if convict is to be given an "additional" period of remission for his release i.e. a period in..........
Criminal Procedure Code, 1973, Section 82(1), 82(4) -- Proclaimed person and proclaimed offender - Distinction is only in context to the mode of declaration of an absconder as "proclaimed offender" - A "statement in writing" by Court issuing the proclamation to the effect that proclamation was duly published on a specific day in manner specified in clause (i) of..........
Civil Procedure Code, 1908, Section 153A, Order 41, Rule 11 -- Correction of decree or order - Power of High Court - Clerical mistake - Held, S.153-A comes into play when the judgment passed by trial Court becomes a subject matter of an appeal and is decided in terms of O.41.R.11 of CPC - It was an enabling section and does not bar superior Court to exercise its own powers..........
Criminal Procedure Code, 1973, Section 250, 190(1)(b) -- Case instituted on police report - Order of acquittal - Order of compensation - Validity - Held, in a case instituted on police report, an order of acquittal passed in favour of accused, after trial, even if Court finds that accusation made by de facto complainant was without reasonable cause cannot give rise to any..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused recorded u/s 313 - Use of - Held, statement of accused recorded u/s 313 of the Code cannot be put against accused person - Courts may rely on a portion of statement of accused and find him guilty in consideration of other evidence against him led by prosecution - Statement made under this Section should not..........
Criminal Procedure Code, 1973, Section 311, 391 -- Criminal trial - Important and relevant evidence - Production of - Power of Court - Held, the important and relevant evidence collected by the Investigation Agency should have been produced and if not done, the trial Court could invoke its powers under Section 311 Cr.P.C. and if no such attempt was made, the same has to be..........
