Criminal Procedure Code, 1973, Section 173 -- Charge sheet - It is the foundation upon which Court can take cognizance - Edifice of trial rests upon this foundation but result does not - Edifice may stand or it may crumble down - It depends upon outcome or conclusion of trial...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - When power u/s 173(8) Cr.P.C., is exercised, Court ordinarily should not interfere with statutory powers of investigating agency - Court cannot issue directions to investigate the case from a particular angle or by a particular agency...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Non-payment - Imprisonment in default of payment - Award of one months imprisonment for default in payment of maintenance for 16 months - Court has no jurisdiction to enhance the sentence from one month to 11 months in the same proceedings...........
Criminal Procedure Code, 1973, Section 127 -- Maintenance - Recalling of order - Power of Court - Order passed by Court can be recalled, if there is error of law resulting in miscarriage of justice to parties...........
Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 13B -- Transfer of divorce proceedings - Parties entered into compromise - Parties agreed to withdraw civil and criminal cases and also settled on certain financial terms - Parties also agreed for mutual divorce - Proceedings ordered to be transferred from Udaipur, Rajasthan to New Delhi - Joint..........
Criminal Procedure Code, 1973, Section 156(3) -- Investigation - Direction to police to investigate and file charge sheet - Order by which Magistrate directed police to file charge sheet is beyond his jurisdiction - Registration of FIR and filing charge sheet are two different things - Registration of FIR does not ipso facto mean that in all circumstances police has to..........
Criminal Procedure Code, 1973, Section 97, Indian Penal Code, 1860, Section 342 -- Search warrant - Wrongful confinement - When custody of minor children are with their father, unless there was material to show that custody was illegal or in violation to some order passed by Court, it cannot be considered or treated as illegal confinement or wrongful custody so as to..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of a charge, Court is concerned not with the proof of allegation rather it has to focus on material and has to form an opinion whether there is strong suspicion that accused committed an offence, which if put to trial, could prove his guilt - Framing of charge is not a stage, at which..........
Criminal Procedure Code, 1973, Section 401 -- Revision - When findings of facts recorded by Courts below are not supportable on evidence on record, revisional Court would be justified for conducting an independent reassessment of evidence and to supplant conclusion of his own - If there is any manifest illegality, perversity and miscarriage of justicy, High Court in..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If at the time of passing an order of acquittal two opinions are possible on some point and trial Court has taken one in passing acquittal order, Appellate Court may not interfere with the order of acquittal and take another view unless there is some glaring mistake of law or perversity in the..........
