Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Maintainability - Accused himself challenged the order framing charge in revision - Now, he cannot be permitted to say that revision was not maintainable - Even otherwise, if facts have been already considered in a legal proceedings which has attained finality, same issue may not be permitted to be agitated at..........
Prevention of Corruption Act, 1988, Section 2(c)(iii) -- Public servant - Duties performed by accused were in the nature of public duties - Accused cannot be discharged on the ground that they are not public servants - Order framing of charge held, proper...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Members of bar shall file draft issues before framing of issues by Courts, after pleadings are complete, which will assist trial Courts in deciding the lis as expeditiously as possible and will save some time...........
Indian Penal Code, 1860, Section 397 -- Offence u/s 397 IPC - Mere fact that weapon has not been recovered is no ground for not framing charges u/s 397 IPC...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, 27A, 29A -- Confession of co-accused - Offence u/ss 27-A, 29-A of the Act - Framing of charges against accused on basis of confession of co-accused not sustainable, particularly when no contraband was recovered from premises of accused - Only 4 Kgs Acetic Anhydride (Controlled Substance) was allegedly found..........
Indian Penal Code, 1860, Section 376, 354, 420, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(xii) -- Offence u/ss 376, 354, 420 IPC and S.3(xii) of SC/ST Act - Framing of charges - No medical evidence as to offence of rape and it is merely on oral statement of complainant S.376 IPC has been imposed - Allegations are levelled for a..........
Civil Procedure Code, 1908, Order 8, Rule 6C -- Separation of counter claim from main suit - Such an application can be filed by plaintiff only and that too before framing of issues...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Judgment passed in second appeal without framing substantial question of law - There is thus, error apparent on face of record of judgment - Review petition allowed - Second appeal restored...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Concurrent findings of two Courts below - When two Courts have concurred on appreciation of evidence and High Court has not borne in mind any substantial question of law, High Court clearly erred in reversing concurrent findings of Courts - Order of High Court set aside...........
Criminal Procedure Code, 1973, Section 228, 227 -- Framing of charge - Discharge - At the stage of framing of charge, sufficiency of materials for the purpose of conviction is not the requirement and a prayer for discharge can be allowed only if Court finds that materials are wholly insufficient for purpose of trial...........
