Criminal Procedure Code, 1973, Section 228, 397(2), 482, Prevention of Corruption Act, 1988, Section 22(d), Constitution of India, 1950, Article 227 -- Charge - Order framing charge - Challenge thereto - Stay of proceedings - Wherever stay is granted, a speaking order must be passed showing that the case was of exceptional nature and delay on account of stay will not..........
Criminal Procedure Code, 1973, Section 228, 397(2), 482, Constitution of India, 1950, Article 227 -- Charge - Order framing charge - Challenge thereto - Stay of proceedings - (i) there is no bar to jurisdiction of the High Court to consider a challenge against an order of framing charge in exceptional situation for correcting a patent error of lack of jurisdiction; (ii)..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 313, 420, 452, 504, 506 -- Discharge - Rape case - Prosecutrix willingly consented to having sexual intercourse with accused with whom she was deeply in love, not because he promised to marry her but because she also desired it - It cannot be therefore, hunt prudent mind that she has..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Does not mean that allegations are proved - When trial begins full opportunity is given to prosecution as well as to accused to place their case before Court - Charge framed therefore, cannot be set aside in normal circumstances...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Order framing charge - Pointing out one's illegal act cannot be said an act of abetting to commit suicide - At the most his intention could be to blackmail deceased - No doubt, deceased was under stress - Reason was fake documents used by deceased while purchasing motorcycle - Guilty consciousness of deceased..........
Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Preliminary issue - When issue is to be tried by framing issues, inhibition in O.14.R.2(2) CPC is that no issue can be tried as a preliminary issue unless it is an issue of law only and even then it should fall U.O.14.R.2(2) CPC, otherwise even pure issue of law cannot be decided...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 477A, 120B -- Framing of charges - Offence u/ss 13(2), 13(1)(d) of P.C. Act and Ss.420, 477-A, 120-B IPC - There is no prima facie case for commission of offences alleged against petitioner - I.O failed to collect any clinching materials to proceed against petitioners and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suppression and concealment of earlier suit between parties which attained finality - Recourse to O.7.R.11 CPC is not appropriate - Trial Court may after framing the issues, take up the issues which pertain to maintainability of suit and decide the same in the first instance...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Filed after framing of issues and at the stage of evidence of plaintiff - To take the replication at a later stage is only an irregularity and not illegality...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Framing of substantial question of law while passing final judgment in its concluding para is wholly contrary to scheme of S.100 CPC which renders the judgment of High Court legally unsustainable, as High Court was under legal obligation to frame substantial question of law at the time of admission of appeal after..........
