Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C is a discretionary and extraordinary power which should be exercised sparingly - Crucial test has to be applied which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that evidence if goes unrebutted would..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 364, 366, 376, 307 -- Summoning of additional accused - Kidnapping, rape and attempt to murder - Incident took place in the Hotel - CCTV footage of Hotel indicates that no other person visited hotel except main accused - Evidence recorded during course of prosecution if remain unrebutted, will not..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Plea that loan was returned - Though discharge is pleaded, but no evidence adduced to substantiate it - Proper explanation also not given about non collection of cheque from complainant after repayment of amount - Presumption attracted stands unrebutted - Accused rightly convicted by trial Court -..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Cross-examination of PWs by pendente lite purchaser - Suit for specific performance - No provision which debars pendente lite purchasers from cross-examining PWs - Pendente lite purchasers stepped into shoes of original defendant who has chosen not to contest the suit - Unless the pendente lite purchasers are given..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C is a discretionary and extraordinary power which should be exercised sparingly and only in those cases where circumstances of case so warrant and crucial test to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 600 gms Charas - Testimony of official witnesses - Spot position as shown in spot map has remained unrebutted - Minor discrepancies as to place of exact recovery can be ignored - PW7 and PW8 have materially corroborated each other - Recovery of contraband was also proved by statements of..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court is to record its satisfaction to extent that evidence if goes unrebutted, would lead to conviction - Trial Court while allowing application u/s 319 Cr.P.C not discussed or recorded its satisfaction to that extent - Impugned order set aside - Matter remitted back to trial Court for fresh..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption u/ss 139, 118 of the Act - Complainant has produced promissory note to corroborate his claim of advancing loan - Signatures in promissory note and cheque admitted by accused in reply notice - When signatures on said documents are proved to be that of accused, presumption remains..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - S.139 of the Act reveals that there is mandate of presumption of existence of liability and upon proof of issuance of cheque the onus shifts to the accused to rebut the presumption that the cheque was issued not for discharge of any debt or liability in terms of S.138 of the Act - In..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Presumption - Rebuttal - Accused recorded his statement u/s 313 Cr.P.C. but not adduced any evidence to rebut the presumption that cheque was issued for consideration - Once the facts came on record remain unrebutted and supported with evidence on record..........
