Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Plaintiffs were avoiding cross-examination of defendants on one ground or other - Framing of additional issue at this late stage when evidence was so near completion would only delay decision of suit - Application U.O.14.R.5 CPC rightly rejected...........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Plea that bribe amount was not given to petitioner but to one `AS' - It is apparent from the Copy of transcript of voice recorder that there is demand and direction of petitioner to hand over the amount to `AS' - Order framing charge upheld...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Non-framing of an issue with regard to validity of Will - Where trial Court as well as first Appellate Court has discussed entire evidence led by defendants in order to prove Will in question and have devoted major part of their discussion on this aspect, merely because Courts did not frame proper issue with regard..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Additional issues framed not in accordance with O.14.R.1 CPC which is condition precedent for applying O.14.R.5 CPC - Impugned order framing additional issues set aside...........
Criminal Procedure Code, 1973, Section 323 -- Committal of case to Sessions Court - Power of Magistrate - S.323 Cr.P.C confers on Magistrate power to commit a case for trial to a Sessions Court at any stage of proceedings, if it finds that case is one ought to be tried by Court of Sessions - Contention that invocation of power u/s 323 Cr.P.C after framing of charge would..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary report - When there are several reports from prosecution side by way of supplementary report u/s 173(8) Cr.P.C, all these reports need to be taken into consideration by trial Court which include framing of charge...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(c), Indian Penal Code, 1860, Section 468, 471, 420, 409 -- Sanction for prosecution - Offence u/ss 13(1)(c) of P.C. Act and Ss.468, 471, 420, 409 IPC - Misappropriation caused by petitioner was not while discharging his official duty, but loss was caused to Government..........
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..........
