Criminal Procedure Code, 1973, Section 464 -- Non-framing of charge - Remand of case - Permissibility - Contention of respondents that charges ought to have been framed against appellants u/s 304(Part II) IPC - Held, no, framing or wrong framing of charge does not vitiate proceeding unless there is failure of justice - Failure of justice has to been seen not only from..........
Indian Penal Code, 1860, Section 409, 468, 471, Criminal Procedure Code, 1973, Section 439(1) - - Grant of bail - Notice to Public Prosecutor - Initial charge-sheet running into more than 268 pages - Prosecutor applied for remand of at least 2 days which was declined - Held, notice under proviso to 439 (1) implies a proper and full opportunity to prosecutor to point out as..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420 -- Bail - Cheating - Petitioner was only extending help to co-accused by bringing persons/customers, whose amount was taken by main accused on the promise to double the amount - Co-accused already released on bail - Continuous detention of petitioner not warranted - Period of police..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Statutory period to be counted from the date of remand - The day on which remand was granted has also to be included in calculating the statutory period...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - Order of remand must be in conformity with O.41.Rr.23, 23-A & 25 CPC - Remand is not to be ordered if case does not fall under these provisions...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Power of remand can be exercised by appellate Court either U.O.41.R.23 or R.23-A CPC - While R.23 could be exercised when suit is disposed of by trial Court on a preliminary issue and R.23-A can be invoked when suit is disposed of otherwise than on preliminary point and when decree is reversed in appeal and..........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Appellate court has power to refer the issues that may be framed by it, to the trial court for taking additional evidence thereon and in such case, trial court has to proceed to try such issues and return evidence to appellate court together with its findings thereon and the reasons therefor...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand of case - Validity - Appellate Court remanded case to trial Court without reversing findings recorded by trial Court on issues framed by trial Court and without finding retrial necessary - Appellate Court also failed to frame any issue which according to it, trial Court had failed to frame - Nor it called for..........
Constitution of India, 1950, Article 226 -- Appointment - Post of Patwari - CWP No.16605 of 1999 titled Jai Bhagwan Sharma and others Vs State of Haryana and others a Division Bench Court after remand from Supreme Court had held that having regard to long time which had elapsed since selection, there was no case made for issuance of mandamus for appointment of petitioners..........
Civil Procedure Code, 1908, Order 41, Rule 27, 23A, 25 -- Additional evidence at appellate stage - Appellate Court cannot remand the case to trial Court - Appellate Court could have framed additional issues and called for findings on such additional issues or could have remanded the case after reversing the decree passed by trial court and finding the retrial necessary -..........
