Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C. empowers Court to arraign any person as an additional accused in an ongoing trial, who is not already an accused before it - If evidence suggests that such person has committed the offence which is subject matter of that trial, and should be tried with accused persons already..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Evidentiary standard required for a Court to exercise its discretion u/s 319 Cr.P.C., for summoning an additional accused, is significantly higher than prima facie threshold applicable at the stage of framing charges...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Name of respondent Nos.2 to 4 was mentioned in FIR, but during course of investigation police after examining material and statements on record, found them innocent and placed them in column No.2 - No new or independent material has been brought on record which could justify exercise of powers..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC has to be considered along with main appeal at the time of adjudicating main appeal...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - When an accused offers a false explanation regarding cause of death which takes place within confines of his house, such falsity becomes an additional link in the chain of circumstances pointing to guilt of accused...........
Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Offence committed by juvenile u/ss 376 and 506 IPC and S.6 Protection of Children from Sexual Offences Act - Bail granted by Supreme Court and reiterated its direction to the State of Uttar Pradesh, to file an additional affidavit informing Supreme Court as to how..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Power to frame additional issues is a discretionary power of trial Court - Court after examining the pleadings and other material on record as required U.O.14.R.3 CPC, may frame the issues...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issue regarding adultery on the part of husband sought by wife in divorce petition - Husband filed divorce petition on the ground of cruelty and adultery against wife - Wife neither instituted a petition for divorce nor filed any Counter Claim to that effect - Allegation of adulterous..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - After closure of evidence of defendants - Once defendants claimed execution of receipt in written statement, onus to prove the same was on defendants - Plaintiff had every right to lead evidence in rebuttal as regards non-execution of receipt - However, since no right had been reserved nor was there any..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Guidelines modified, viz. (a) If accused pays cheque amount before recording of his evidence (namely defence evidence), then Trial Court may allow compounding of offence without imposing any cost or penalty on accused; (b) If accused makes payment of cheque amount post..........
