Criminal Procedure Code, 1973, Section 311 -- Summoning of two witnesses u/s 311 Cr.P.C. - Despite issuance of bailable as well as arrest warrants, witnesses were not traceable - Criminal trial cannot be permitted to remain pending indefinitely for securing presence of witnesses who remain untraceable despite repeated efforts - Trial Court rightly closed the evidence of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to major son - Benefit of S.125 Cr.P.C has been expressly restricted till attainment of age of majority by child - Son of petitioner has been a major for the last five years and thus not entitled to maintenance u/s 125(b) Cr.P.C...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 225 -- Issuance of process - Expression "investigation" occurring in S.225 BNSS (S.202 Cr.P.C.) does not connote or import a full-fledged police investigation of nature contemplated upon registration of an FIR under provisions governing cognizable offences...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Default in payment - Sentence - Default pertained to 66 months, total sentence of 660 days was imposed after granting benefit of set off - Sentence of ten days for each month of default cannot be said to be disproportionate - Husband himself had surrendered and admitted his liability and..........
Civil Procedure Code, 1908, Order 9, Rule 13, Succession Act, 1925, Section 372, 373 -- Succession certificate - Minor a legal heir not impleaded as a party and steps not taken to ensure appointment of a lawful guardian - On publication of public notice minor could not get himself impleaded as a party and raised objections being legally incapacitated from taking such steps..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C. deals with procedure of summoning additional accused to face trial who has been left out by police and not charge-sheeted along with other accused persons...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319(1) Cr.P.C. leaves it to judicial discretion of Court, where trial is proceeding to summon a person as an accused (who has been left by police), if evidence has appeared before Court that such a person has committed an offence for which he should be tried together with other accused...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - There is more than a prima facie case to proceed against petitioners u/ss 498-A, 304-B IPC - Merits and defence of accused cannot be appreciated at this initial stage of taking cognizance - Defence so put by accused with regard to their false implication would be taken into account by Trial..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - For considering an application U.O.7.R.10 CPC, Court has to confine itself to pleadings made in plaint...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - `At any stage of suit' means even after trial has begun and concluded, but before the judgment is delivered...........
