Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Veracity of depositions made by witnesses is a question of trial and need not be determined at the time of framing of charge...........
Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge - Alteration or addition of charge may be done if in opinion of Court there was an omission in framing of charge or if upon prima facie examination of material brought on record, it leads Court to form a presumptive opinion as to existence of factual ingredients constituting alleged offence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29, Indian Penal Code, 1860, Section 420, 468, 471 -- Transportation of huge quantity of contraband - Order framing charges - Petitioner conspired in transporting huge quantity of Ketamine etc. along with other accused and sold the same by violating terms and conditions stated in license - He has not..........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 307, 308 -- Modification of charge - Nature of offence - Medical evidence does not state that injury was sufficient in ordinary course of nature to cause death - Offence committed by accused does not travel beyond S.308 IPC - Framing of charge u/s 307 IPC is bad in law - Trial Court directed to..........
Indian Penal Code, 1860, Section 307, 323, 148, 506, 149 -- Attempt to murder - Framing of charges - Accused allegedly formed unlawful assembly and caused injuries to complainant, his father, mother and his wife - Injury on person of father of complainant declared dangerous to life - Prima facie case is made out against accused - Question as to whether Doctor who had not..........
Army Rules, 1954, Rule 180 -- Non-compliance of R.180 of Army Rules - De-novo inquiry - Neither ground of no, compliance of R.180 of Army Rules raised at stage of framing of charge, recording summary of evidence, nor during Court martial proceedings - After a final order was passed by Court martial on basis of a full-fledged trial, it is not open to respondent to raise..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Framing of charges - Material on record shows that there is sufficient ground to presume commission of offence by petitioner - Framing of charges is neither illegal nor erroneous - Charges rightly framed against petitioner...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue regarding limitation is a mixed question of fact and law, which can be decided by Trial Court after framing issues and taking evidence of both parties - Plaint cannot be rejected on point of limitation - Application rightly dismissed...........
Constitution of India, 1950, Article 21, Legal Services Authorities Act, 1987, Section 12, 13, Protection of Children from Sexual Offences Act, 2012, Section 4, 5, 6, Indian Penal Code, 1860, Section 302, 363, 366, 376(2)(f), 377 -- Entitlement of Legal Services - Rape and Murder - Amicus Curiae appointed and on same date, counsel was called upon to defend accused at stage..........
Constitution of India, 1950, Article 21, Legal Services Authorities Act, 1987, Section 12, 13, Protection of Children from Sexual Offences Act, 2012, Section 4, 5, 6, Indian Penal Code, 1860, Section 302, 363, 366, 376(2)(f), 377 -- Entitlement of Legal Services - Rape and Murder - Amicus Curiae appointed and on same date, counsel was called upon to defend accused at stage..........
