Indian Penal Code, 1860, Section 498A, 304B -- Order of acquittal - Sustainability - Sessions Judge gave a categorical finding that death of woman had not occurred within seven years of her marriage - This finding is based on evidence lead by defence - Held, finding does not suffer from any illegality or there is wrong appreciation of evidence - It was duty of prosecution..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Formulation of - Held, High Court has a duty to formulate substantial questions of law before hearing second appeal - As a matter of law, High Court is required to formulate substantial question of law involved in second appeal at initial stage if it is satisfied that matter deserves..........
Criminal Procedure Code, 1973, Section 227, 228, 401, 239, Indian Penal Code, 1860, Section 498A, 323, 504, Dowry Prohibition Act, 1961, Section 3, 4 -- Framing of charge - Duty of Court - Held, prosecution has to make out only prima facie case on the basis of material produced before Court by prosecution - Evidence which defence produces in Court at that stage should not..........
Criminal Procedure Code, 1973, Section 97 -- Wrongful confinement of minor - Search warrant - Issuance of - Held, what S.97 requires is `confinement' of a person, which amounts to an offence, and it is not necessary that the person, who, ultimately, holds custody of the minor is innocent or not - If a Magistrate is satisfied that a minor has been wrongfully confined, it..........
Criminal Procedure Code, 1973, Section 97 -- Wrongful confinement of minor - Issuance of search warrant - Interference therewith in revision when warranted - Held, a revisional Court cannot mechanically interfere with an order of issuance of search warrant inasmuch as it is the duty of revisional Court to interfere with an order only when the order is, otherwise, illegal,..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Pronouncement of judgment - Duty of court - Held, U.O.14.R.2 of CPC court is required to pronounce judgment on all issues even if case may be disposed of on a preliminary issue - Court would have been precluded from deciding other issues only if question of limitation had been decided as a preliminary issue and in favour of..........
Criminal Procedure Code, 1973, Section 197 -- `Assessing Officer' u/s 126 of Electricity Act - Sanction for prosecution - Petitioner by holding the post as Executive Engineer is designated as `Assessing Officer' of the Company to perform duty as required u/s 126 of the Indian Electricity Act, 2003 - Held, petitioner will be removable by the PGVCL Company only and for which..........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Abatement of appeal - Death of a party - Duty of pleader to inform Court - Held, U.O.22.R.10-A CPC, duty is cast on pleader appearing for a party when he comes to know of death of that party to inform court about it whereupon court shall give notice of such death to other party...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Defendant when proceeded ex parte or when written statement not filed - Plaintiff has to make out a case against defendants impleaded in the suit for the relief claimed - They had to stand on their own legs - Court is duty bound to consider the pleadings and the evidence produced on record and consider the contentions in..........
Criminal Procedure Code, 1973, Section 239, 240 -- Framing of charge - Duty of Court - Held, Magistrate is competent to frame charge on consideration of documents and other material attached with police report submitted u/s 173 CrPC and finding that a prima facie case has been made out - It is also well settled that at the stage of framing of charge, Court need not to pass..........
