Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324 -- Compounding of offence - Appellants convicted and sentenced to undergo simple imprisonment for a period of two years alongwith fine u/s.324 IPC - Affidavit filed at time of hearing of appeal that parties to lis have compounded offence - Held, in view of understanding between parties,..........
Civil Procedure Code, 1908, Order 18, Rule 2, 4, Evidence Act, 1872, Section 138 -- A witness proposed to be examined present in Court when cross examination of other witness was in progress - Trial Court held that evidence of that witness cannot be recorded at all and that affidavit filed by him in lieu of chief-examination be eschewed from consideration - Trial Court has..........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - Validity - Serving officer sought to serve summon of suit on defendant - Defendant not available - Since defendant was not available, therefore, his wife who was residing with him, was sought to be served with notice but she refused to accept notice - Thereafter, copy of notice was affixed on his..........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Motorcycle recovered from possession of son of petitioner - High Court summoned IO of the case and was asked to file a counter affidavit - In his counter affidavit IO mentioned that said motorcycle was stolen but there in nothing on record which may indicate the facts on the basis of which such opinion has..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh on same cause of action - Permissibility - Plaintiffs have taken very vague and general plea regarding false documents without specifying the documents - Alleged false documents including ex parte decrees were traced at the time of filing of affidavit of petitioner in evidence..........
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Order 14, Rule 1 -- Arbitration award - Objections - Framing of issues - (i) Not mandatory to frame issues; (ii) Court if finds necessary can frame issues; (iii) Parties not to be allowed to lead evidence as in a regular civil suit; (iv) If Court finds that on certain question of fact or on..........
Criminal Procedure Code, 1973, Section 482, 190(1)(b) -- Protest petition - Taking of cognizance - Quashing of - Protest petition filed by informant stating that within ten days IO submitted final report on the basis of imaginary facts - He has not done investigation thoroughly - This protest petition was supported by an affidavit - Magistrate has rejected final report..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Substitution of affidavit filed in lieu of chief-examination - Once the affidavit becomes part of record, the party who filed it loses the right and prerogative to change or alter it...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 482 -- Illegal gratification - Quashing of FIR - Doctor - Demand for operation and for better treatment - Tainted money recovered from accused - FIR cannot be quashed on the basis of affidavit of witnesses that no demand was made when on the basis of contents of FIR and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Complainant's statement-i, chief - Held, it could be on affidavit although it is open to call him for cross-examination in exercise of power u/sub-s.(2) of S.145 of NI Act...........
