Constitution of India, 1950, Article 217(2)(a) -- Appointment of Additional Judges of High Court - Eligibility - Person for at least 10 years held a judicial office in territory of India, is eligible for appointment - Use of word `held' does not indicate that incumbent should also be holding judicial office at the time of notification u/art 224 of Constitution is issued -..........
Criminal Procedure Code, 1973, Section 216, 217 -- Addition/alteration of charge - Trial Court can alter/add charge already framed at any stage before judgment is pronounced provided that safeguards u/ss 216, 217 Cr.P.C. are followed so that no prejudice is caused to accused...........
Criminal Procedure Code, 1973, Section 216, 217 -- Charge - Addition or alteration - With alteration or addition of charge, if any prejudice is going to be caused to the accused in his defence or the prosecutor in the conduct of the case, Court has to proceed with the trial as if it altered or added the original charge by terming the additional or alternative charge as..........
Criminal Procedure Code, 1973, Section 216, 217 -- Charge - Addition or alteration - Even if the charge may be of same species, the provision for adjourning the trial is made to give sufficient opportunity to the accused to prepare and defend himself - Court is to even allow any further witness which Court thinks to be material in regard to the altered or additional..........
Criminal Procedure Code, 1973, Section 216, 217 -- Alternative charge - Charge framed u/ss 306 and 365 read with S.34 IPC - 26 witnesses examined - Thereafter alternative charge u/ss 302 read with S.34 IPC framed - Accused convicted in respect of alternative charge - There is no cross examination of witnesses insofar as charge u/s 302 IPC is concerned - Trial stands..........
Constitution of India, 1950, Article 124, 217, 222, 50, 74, 368 -- Independence of the judiciary - It is basic feature or inviolable part of basic structure of the Constitution - It is a judiciary which discharges its functions independently without fear or favour - Primacy of the judiciary in matters of appointment and transfer of Judges, is also part of basic structure..........
Indian Penal Code, 1860, Section 304B, 302, Criminal Procedure Code, 1973, Section 217 -- Framing of additional charge - Additional charge u/s 302 IPC cannot be framed mechanically in a case u/s 304-B IPC - In a case where charge alleging dowry death is framed, a charge u/s 302 IPC can be framed if evidence otherwise permits - Order framing charge mechanically set aside -..........
Criminal Procedure Code, 1973, Section 374, Prevention of Corruption Act, 1988, Section 13(1), 13(2), Indian Penal Code, 1860, Section 120B, 201, 217 -- Appeal against Conviction - Illegal Gratification - Sample of Butaclore was drawn from the accused`s firm for analysis - Signature of appellant and co-accused were duly proved by the evidence of witnesses - It is proved..........
Criminal Procedure Code, 1973, Section 217, Indian Penal Code, 1860, Section 376 -- Alteration of charge - Recall of witness - Dismissal of application on ground that there is no necessity or relevance to re-examine without a finding that application is filed for the purpose of vexation or delay or for defeating the ends of justice, does not stand the test of judicial..........
Criminal Procedure Code, 1973, Section 216, 217 -- Alteration/addition of charges - Prejudice - There must be fresh trial on said altered/new charges - Opportunity to recall witnesses also be given to prosecution u/s 217 Cr.P.C...........
