Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Order allowing application u/s 319 Cr.P.C is based on statement of PW1 without considering relevant facts and without recording any satisfaction that there is some cogent evidence which may lead to his conviction - Even there is apparent contradiction in statement of PW1 during course of trial..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Co-accused acquitted by trial Court and trial abated against main accused, who died and there is no change of witnesses - No appeal is filed by State or by informant/victim, thus same attained finality - Petitioner thus, cannot be convicted and liable to be discharged - Order allowing..........
Criminal Procedure Code, 1973, Section 311, 284, 285 -- Examination of witness - Doctor who conducted first post mortem living in Nigeria - Evidence of this witness germane to the questions involved in the matter - For recording his statement trial Court could have unquestionably taken recourse to the provisions of Ss.284, 285 Cr.P.C. so as to avoid delay in the matter and..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Once a witness is examined, his testimony cannot be allowed to be replaced by another set of facts in order to remove a lacuna - Witness cannot be allowed to make out a new story by twisting the facts - O.41.R.27 CPC does not contemplate a situation permitting to substitute the..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction order - Disobedience - Defendant restrained from raising construction - Respondent No.2 raising construction on behalf of defendant - Respondent No.2 not a party in the suit - Not established on record that he was working on behalf of defendant - Injunction order was not passed in the presence of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court framed as many as six substantial questions of law, but did not answer any of them on merits and instead went on discussion on all other issues, which were not subject matter of six questions framed and allowed the second appeal as if it was deciding first appeal - High..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 323, 326, 354, 448, 506, 149 -- Compounding of offence - Offence u/ss 323, 326, 354, 448, 506, 149 IPC - Signatures of complainant/victim not found in application seeking compounding of offence - Offence u/s 326 IPC is no, compoundable - There was no prayer by accused seeking leave of Court to..........
Rajasthan Rent Control Act, 2001, Section 21, Civil Procedure Code, 1908, Order 26, Rule 9 -- Eviction petition - Appointment of Commissioner - Dismissal of application - From day one disputed question of facts regarding condition of building are being raised by both sides - Issue for its would demurely requiring appointment of Commissioner as Commissioner while getting..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - In order to see whether any prima facie case against accused for taking cognizance is made out or not, Court is only required to see the allegations made in the complaint...........
Criminal Procedure Code, 1973, Section 24(8) -- Special Public Prosecutor - Order appointing Special Public Prosecutor - Challenged by accused - Locus standi - Government has power to appoint Special Public Prosecutor, however, it does not mean that such an appointment could be made by Government as a matter of course and without any reasons - Accused complaining..........
