Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Court may exercise its discretion and permit filing of counter claim after written statement, till the stage of framing of issues - In exceptional circumstances, subsequent filing of counter claim may be permitted till the stage of commencement of recording of evidence on behalf of plaintiff...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Provision of O.8.R.6-A CPC does not put an embargo on filing counter claim after filing the written statement - Restriction is only with respect to the accrual of cause of action - However, this does not give absolute right to defendant to file counter claim with substantive delay, even if limitation period..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B -- Discharge - Framing of charge u/s 304-B IPC - Prima facie material on record against accused to frame charge - It is thus, not a fit case to discharge accused - Discharge application dismissed...........
Criminal Procedure Code, 1973, Section 228, 227 -- Framing of charge - Recording of reasons - At the time of framing of charge, it is not necessary to record reasons - But when Court discharges accused, it is necessary to record reason...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the time of framing charge, defence evidence of accused shall not be considered - Accused has right to produce evidence at the stage of defence after recording statement u/s 313 Cr.P.C...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the time of framing charges truth, veracity and effect of evidence, which prosecution proposes to produce are not to be meticulously examined - Court at this stage only has to see whether u, rebutted evidence, which prosecution is to adduce, make way for conviction and if it is so then charge can be..........
Indian Penal Code, 1860, Section 420, 471, 199, 200 -- Cheating - Order framing charge - Courts below while framing charge considered each and every aspect of matter and rightly framed charges - No perversity or manifest error in impugned order of framing charges - Impugned order is just and proper - No interference warranted in it...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Detailed and lengthy order not required when Court is of the opinion that prima facie ground for proceeding against accused - However, detailed order is required to be passed when Court comes to conclusion different than one that investigating agency has reached...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Application of mind is sine quo non at the stage of framing of charge...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29 -- Contraband - Call detail between petitioner and main accused at the time of recovery is very much available on record, which clearly shows involvement of petitioner - Prima facie there is sufficient evidence available on record against petitioner for framing charge against him - Order framing charge..........
