Evidence Act, 1872, Section 65 -- Secondary evidence - Framing of issues to decide application for secondary evidence - Documents whether exists or not, destroyed or not, or are in the possession of same person or not or can be produced before Court or whether secondary evidence is to be allowed or not - Held, Court below is within its right to frame issues in this regard..........
Criminal Procedure Code, 1973, Section 228, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 21, 25 -- Framing of charge - Unauthorized use of premise for manufacturing psychotropic substances - Legality of order - At time of framing of charge, Court is obliged to pursue material on record regarding prima facie case against accused - In the instant case,..........
Indian Penal Code, 1860, Section 304B, 34, 201 -- Dowry death - Framing of charges - Death of deceased caused by ailments as she was suffering from severe jaundice and Hepatic failure - Death not caused due to any burns or bodily injuries and not caused otherwise than under normal circumstances - More so, family members of deceased were present at the time of funeral -..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charge Court is required to evaluate material and documents on record with a view of finding out if facts emerging therefrom, taken at their face value, disclose existence of all ingredients constituting the alleged offence - Court is not expected to go deep into probative value of..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302, 120B -- Framing of charge - Offence u/ss 302, 120-B IPC - Police filed challan against petitioner along with other accused - Evidence on record particularly call details shows that petitioner was having illicit relation with co-accused and on the date of incident petitioner and co-accused had..........
Criminal Procedure Code, 1973, Section 323, Arms Act, 1959, Section 7, 27 -- Committal of case to Sessions Court - Offence u/ss 7, 27 of Arms Act - PWs gave different versions about arm recovered from accused - Evidence given by police officer cannot be given credence to infer that arm recovered from accused was in the category of prohibited arm - Essential ingredients of..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charges - At the stage of framing of charge, Court is required to evaluate the material and documents on record with a view of finding out if facts emerging therefrom, taken at their face value, disclose the existence of all ingredients constituting alleged offence - Court is not expected to go deep into probative..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry Death - Cruelty - Framing of charges - Marriage of deceased with accused took place two years before the incident - Death of deceased thus, occurred within 7 years of marriage - Relatives of deceased stated that deceased had been subjected to harassment by her i, laws, therefore, Court may presume that such person had..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11, Civil Procedure Code, 1908, Order 10 -- Rejection of plaint - Objections taken in application are mixed question of facts and law, which cannot be decided without framing of issues - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charge, Court is not to enter into a roving inquiry to appreciate or weigh the material on record - Strong suspicion is enough for Court to form a presumptive opinion as to existence of an event having taken place, justifying framing of charge...........
