Criminal Procedure Code, 1973, Section 311 -- Recall of witness for cross examination - Even if cross-examination of witnesses could not be conducted because of negligence either of Public Prosecutor or that of Counsel for complainant, prosecution could not be made to suffer for the error so committed- It is the duty of Court to see that such lacunae did not end up in..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Power of Magistrate - Held, Magistrate may order for further investigation, if he is satisfied as per S.173(8) Cr.P.C. based on report of Investigating Officer - On petition filed by defacto complainant further investigation cannot be ordered by Magistrate...........
Criminal Procedure Code, 1973, Section 210 -- Complaint case as well as police investigation - Stay of trial - Power of Magistrate u/s 210 Cr.P.C. - Held, in order to attract provision contained u/s 210 of the Code and invest Magistrate with power to stay proceedings of trial, the condition is that on the date of filing of complaint, investigation by police must be in..........
Forest Act, 1927, Section 52(4), 52C, Criminal Procedure Code, 1973, Section 451, 457 -- Forest offence - Release of vehicle - Jurisdiction of Magistrate - Held, in view of bar created in S.52-C of the 1927 Act, vehicle cannot be released by Magistrate after getting intimation of seizure u/s 52 of the 1927 Act - It is authorized officer who is vested with power to pass..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Validity - There is no material on record of case by which any logical conclusion can be arrived that petitioners in any manner tortured or pressurized the deceased or instigated him to commit suicide - There is no such evidence on record of the case to show that accused assaulted deceased before his death -..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recalling of witness - Defendant in his written statement nowhere pleaded that his signatures had been taken on blank paper which later on converted into impugned agreement - Agreement purports to bear thumb impression and not signatures of defendant - PW2 in witness box stated about due execution of agreement by defendant -..........
Civil Procedure Code, 1908, Section 104, Order 43, Rule 1(u), 23, 23A -- Order passed in appeal - Bar to further appeal - Applicability of - Held, in terms of provisions of S.104(1) of the Code only such appeal is provided as mentioned in aforesaid provisions read with different types of order as mentioned in O.43.R.1 of the Code - Order passed on such appeals, there would..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - When can be exercised? - Held, inherent power u/s 482, Cr.P.C. can be exercised - (i) to give effect to any order under the Code, or (ii) to prevent abuse of process of any court, or (iii) to otherwise secure ends of justice - Words "any order under this Code" occurring in S.482, Cr.P.C. are unambiguous and..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment - Furnishing of security - Held, perusal of O.38.R.5 of the Code shows that an order for directing defendant to furnish security can be made if court is satisfied that defendant is about to dispose of whole or any part of his property with intent to obstruct or delay execution of any decree that may be passed..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Grant of - Factors to be taken into consideration - Held, no court can make an order granting temporary injunction in favour of plaintiff without recording clear finding on three aspects viz. - (i) existence of strong prima facie case in favour of plaintiff; (ii) balance of convenience in favour of..........
