Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Fact as to whether version given by eye witnesses is correct or not in the light of post mortem report and opinion with regard to cause of death can be adjudicated upon only during trial - No other relevant material has been produced on record to..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing charge, only prima facie case is to be seen - Meticulous evaluation of evidence is not required...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Complaint avers explicitly that all accused including applicants were in charge of and responsible for conduct of business and were managing day-to-day affairs of company when cheque in question was issued and subsequently dishonoured - At the stage of summoning, presence of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Summoning of accused - Applicants relied upon appointment letters which demonstrate their non-executive, independent status, cannot at this preliminary stage, override the categorical averments contained in complaint - Such documents may at best support a defence that offence..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 396, 412 -- Second bail application - On parity basis - Dacoity with murder - Incident is very serious as four persons have been done to death and injured was seriously injured - Merely because co-accused has obtained bail by concealment of correct facts, parity of such order cannot be..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Power u/s 391 Cr.P.C is not intended to allow parties to re-litigate entire case by introducing fresh evidence...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - S.391 Cr.P.C. provides that an appellate Court may at its discretion take additional evidence if it considers such evidence necessary for just decision of case - However, power to take additional evidence should be exercised sparingly and only in cases where: (i) evidence sought to be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Documents in question was within knowledge of petitioner at the time of adducing his evidence before trial Court - However, same was not produced at that stage - Proposed additional evidence appears to have no relevance..........
Civil Procedure Code, 1908, Order 16, Rule 6 -- Summons to produce document - Defendant has already laid foundation about existence of document in question in written statement - Occasion for defendant to file an application for summoning the document had arisen only when his turn of evidence came to be recorded - It cannot be said that defendant had slept over in not..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 29 -- Bail - Offence u/ss 20(b)(ii)(c), 29 of NDPS Act - Petitioner was served with a notice u/s 50 Cr.P.C. - However, there was no disclosure of grounds of arrest - Mere mentioning Section of NDPS Act, registered in the F.I.R., cannot be said..........
