Criminal Procedure Code, 1973, Section 311 -- Recall of witnesses for cross examination - At the time witnesses were examined accused was in jail and counsel sought time as he has no complete instructions - PWs specifically deposed case of prosecution with incriminating material - Non-cross examination of witnesses thus, caused prejudice and affect the interest and..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Imposition of onerous condition to deposit 20% of imposed fine amount, while allowing application u/s 389 Cr.P.C. is not justified - Impugned order to the extent of imposing said condition quashed and set aside...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Once bail is granted on consideration of relevant materials, High Court would not normally interfere with such discretion, unless same suffers from serious infirmities or perversity - While considering correctness of the order granting bail, approach should be whether order granting bail to accused is..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Materials available on record prima facie indicating involvement of accused, possibility of accused tampering with witnesses and gravity of crime not kept in view while granting bail - As bail was granted on irrelevant considerations and same suffered from serious infirmity, High Court rightly set..........
Criminal Procedure Code, 1973, Section 126(2) -- Ex parte maintenance order - Recall of order - Sought after six years of passing the order - No explanation for such inordinate delay - Nothing to show as how applicant came to know about the ex parte judgment - Failure to show any good cause for recall of order - Rejection of application calls for no interference...........
Criminal Procedure Code, 1973, Section 228, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29 -- Framing of charge - Offence u/ss 8, 21, 29 of NDPS Act - Framing of charge by trial Court without referring to evidence available on record against accused is erroneous - Order framing charge totally no, speaking and perfunctory, set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Defendants are registered owners of suit land and in possession of the same - Neither prima facie case found in favour of plaintiff nor balance of convenience or any irreparable injury - Interim injunction rightly refused by trial Court - Appellate Court while affirming said findings of trial Court..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302 -- Framing of charge - Charge u/s 302 IPC - Deceased died on account of burn injuries caused by accused - Cause of death is not strangulation as per post mortem report - This fact alone would not entitle accused to be discharged, as it is probable that he might have pressed the neck of..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Appeal - Non-formulation of points of determination - It is mandatory for first appellate Court to have framed points of determination while deciding first appeal u/s 96 CPC - Since in the present case said requirement of law has not been fulfilled, first appellate Court committed illegality in not making compliance of..........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 11, Rule 12, 14 -- Written statement - Defence struck off due to non filing of written statement - Defendant had filed an application U.O.11.Rr.12, 14 CPC by stating that it was not possible for him to file effective written statement in the absence of supply of documents relied upon and..........
