Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Summoning of additional accused - Kidnapping and rape case - Prosecutrix changing her statement and naming different persons at different stages - Only one accused was involved in the crime and no challan was..........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Appeal against remand order - Court U.O.43.R.1(u) CPC is concerned about validity of remand order and not merits of case of either party...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Preliminary issue - Issue involving question as to whether disputed land is agriculture land or not - Held, issue involves mixed question of law and fact, thus, evidence is required to be led by both parties before hearing arguments on said issue - Impugned order of trial Court in placing matter directly for arguments without..........
Criminal Procedure Code, 1973, Section 173(8), 2(d), 190 -- Supplementary complaint - Cognizance of offence - Cognizance is taken of offence, not offender - Since no new offence is made out from additional material collected during further investigation, supporting an earlier offence on which cognizance has already been taken or additional accused are arrayed, no further..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Supplementary complaint - No cognizance was taken by Special Court on supplementary complaint - Bail application heard on the date before custody of petitioner became legal - Moreover, petitioner was remanded to judicial custody till 11-8-17 and said date was not noted by Court but by reader of Court which..........
Criminal Procedure Code, 1973, Section 389, 354, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Suspension of sentence during pendency of appeal against conviction - Stony silence regarding reasons in judgment and conclusion suffering from total non application of mind and material evidence on record over looked - Order of conviction stayed/suspended during..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A -- Summoning of additional accused - Dowry death - Cruelty - Principle of `stare decisis' - Main accused husband of deceased acquitted on merit - No specific over act levelled against petitioners - Even no cinching evidence to presume that proceeding would culminate into conviction -..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Merely because evidence is required to decide an application, Court could not refuse to decide the same - Impugned order set aside - Matter remitted...........
Criminal Procedure Code, 1973, Section 125, 482 -- Maintenance to wife - Quashing of maintenance order - Settlement arrived at between parties - Divorce by mutual consent is granted in view of settlement - Impugned order of maintenance set aside, as sufficient amount including permanent alimony was already granted to wife...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Case was fixed for defence evidence - Complainant was duly represented by counsel, but his counsel has also failed to put in appearance for which complainant may not be held liable directly - Rather, absence of complainant,..........
