Indian Penal Code, 1860, Section 376(2), 384, 354A, 354C, 341, 323 -- Rape of married woman - Prosecutrix limited her allegations against accused to extent of outraging her modesty - Allegation set out in clarification affidavit of prosecutrix was nothing but after thought - Prosecutrix knowingly and deliberately tried to improve her version step by step and tried to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Encroachment - Application for appointment of local commissioner at first instance filed by plaintiff immediately after framing of issues to prove encroachment - However, same was dismissed by Court on very flimsy ground - Subsequently application again filed by plaintiff which was also..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objections - Issues - Framing of issues and recording of evidence not essential in each case - Court can frame point of determination but such determination may or may not require recording of evidence - Executing Court, on the basis of the material available on record, coupled with the pleadings of..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing charge Court is to examine the materials only with view to be satisfied that prima facie case of commission of offence alleged has been made out against accused...........
Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7, 8, 10, 12, 13(2), 13(1)(d) -- Criminal Conspiracy - Illegal gratification - Quashing of charge - Prosecution failed to prove guilt of accused - There is no material evidence on record in order to bring home the charge of conspiracy against accused - No direct or circumstantial evidence to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Contentious issue particularly with regard to authenticity of Mutation entry and question as to whether there was a complete or partial redemption of mortgage property did raise substantial questions of law which required High Court to frame appropriate..........
Criminal Procedure Code, 1973, Section 228 -- Charge - Attempt made to convert a case of mere breach of contract into one of cheating - Nothing to show that accused had intention to deceive at the time when promise was made - Trial Court erred in framing the charge...........
Limitation Act, 1963, Section 3, 27 -- Mixed question of limitation on facts and law - To be decided on evidence - Even, framing of specific issue is necessary so as to give opportunity to parties to lead evidence - Hence, Court cannot dismiss suit as barred by limitation only on basis of long standing revenue entries in absence of specific issue of limitation...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 320, 34, 201 -- Framing of charges - Murder case - Reference to order of pre-arrest bail is of little consequence in the matter of framing of charges against petitioner on the basis of materials on record which give rise to a strong suspicion of commission of offence punishable u/ss 302, 34 IPC...........
Indian Penal Code, 1860, Section 320, 34, 201 -- Murder - Framing of charges - Involvement of petitioner with other co-accused in assault of victim to death on the accusation of committing theft of mobile phones is established on record - Confessional statement of co-accused to the extent it exonerate the petitioner cannot be relied upon by him u/s 30 of Evidence Act,..........
