Criminal Procedure Code, 1973, Section 215, 464, 465 -- Penal Code, 1860, Section 304-A - Charge - Error in charge - Error in number of vehicle in charge - Entire evidence mentioned correct number for which the petitioner was convicted - It was corrected during the trial - Accused knew the number of vehicle recovered from him in connection with the case - Accused had full..........
Civil Procedure Code, 1908, Section 11 - - Res judicata - Constructive res judicata - In the previous litigation the right of defendant No.1 crystallized - All questions including question of registration of decree ought to have been raised in those proceedings but were not raised - Held that such a question would be deemed to have been raised and decided against defendant..........
Indian Penal Code, 1860, Section 326, 325, 324, 323, 34 -- Criminal Procedure Code, 1973, Section 357 - Sentence - Reduction in sentence -Compensation - Conviction u/S.326, 325, 324, 323 r/w 34 IPC maintained -Incident 22 years old - Appellants remained in custody for some time after their appeal dismissed - Sentence of two years Rl reduced to already undergone if fine of..........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending information to Magistrate - While it is true that Section 157 Cr.P.C. makes it obligatory on the Officer Incharge of the Police Station to send the information to the Magistrate's Court forthwith but that does not mean and imply to denounce and discard an otherwise positive and trustworthy evidence on record...........
Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 121, 121A -- Sanction - Waging war - Non application of mind by sanctioning authority - Inclusion of section 120-B for which no sanction was required and inclusion of section 124 which has no application - Whether amounts to non application mind - Held No - Meticulous and legalistic examination..........
Criminal Procedure Code, 1973, Section 427 -- Sentence on offender already sentenced for other offence - Life sentence u/s 121 and 121 A Indian Penal Code and under Section 4 Explosive Act i.e. on three counts - Death sentence u/s 120B read with 302 - Sentence of life imprisonment will naturally get merged into death sentence...........
Criminal Procedure Code, 1973, Section 306, 308 -- Approver - Once pardon is granted to an accused he ceases to be an accused person and become a witness for the prosecution - When approver resiles from the agreement, and breaks the conditional pardon, the contract is broken and the State becomes entitled to prosecute him by recourse to Section 308 Cr.P.C...........
Civil Procedure Code, 1908, Section 64(2) -- Concept of registration introduced by S.64(2) by way of amendment of the Code is introduced to prevent false and frivolous cases of contracts being set up with a view to defeat the attachment - If the contract is registered and there is subsequent attachment, any sale deed executed after attachment will be valid - If it is..........
Civil Procedure Code, 1908, Order 23, Rule 3, Registration Act, 1908, Section 17(2)(vi) -- Compromise decree - Registration - Can be summarized as : (1) Compromise decree, if bonafide, in the sense that the compromise is not a device to obviate payment of stamp duty and frustrate the law relating to registration, would not require registration - In a converse situation, it..........
Criminal Procedure Code, 1973, Section 193, 319 -- Summoning additional accused - Challan not filed against the petitioner - At the framing of charges against other co-accused on application of complainant cognizance taken against petitioner also and issued summons to them - Held that since trial has not begun the trial Court has jurisdiction to issue summons under Section..........
