Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Two reports u/ss 173(2), 173(8) Cr.P.C. contradictory in nature - There will be no question of dropping the case or treating the case as closed by the committal court - Powers of committal Court are limited in respect of the committal of a case - At the time of framing of charge, first and second reports can be..........
Limitation Act, 1963, Section 4 -- Provision of S.4 of the Act applies to suits also - In case prescribed period for any suit, appeal or application expires on a day when Court is closed, suit, appeal or application may be instituted, preferred or made on the day when Court opens...........
Limitation Act, 1963, Section 4 -- Provision of S.4 of the Act applies to suits also - In case prescribed period for any suit, appeal or application expires on a day when Court is closed, suit, appeal or application may be instituted, preferred or made on the day when Court opens...........
Indian Penal Code, 1860, Section 364A, 368, 344, 392, 120B -- Kidnapping for ransom - Wrongful restraint - Criminal conspiracy - Accused `D' has not been identified by victim in Court on more than one occasion - Victim in his cross-examination after seeing accused `D' only stated that "Aisa sa hi tha" - It is not the case of victim that his eyes were closed for the period..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Production of documents - Suit for specific performance - Permission sought to produce on record copy of drawing of proposed house and average value thereof and to adduce additional evidence in support thereof - Failure to satisfy Court as to - (i) How site plan of the building and value thereof were necessary for..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recalling of witnesses for further cross-examination - Suit for specific performance - Application moved to recall PW1 and PW2 on ground that certain vital questions could not be put to them with respect to alterations in agreement to sell - However, application is totally silent as to what was the said alterations and what..........
Indian Penal Code, 1860, Section 326 -- Acid attack - Complete disfigurement of face of victim - Eyes of victim completely closed due to swelling - Injuries were found to be grievous in nature - Evidence on record proves that it was accused who had thrown acid on the face of injured victim - Motive also proved as accused had illicit relations with wife of brother of..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness for cross-examination - Counsel for accused could not cross-examine compliant despite opportunity granted for several dates - No explanation for the same - Even when right to cross-examination was closed and case was fixed for recording statement of accused u/s 311 Cr.P.C., accused failed to appear before..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Evidence closed by petitioner voluntarily after availing sufficient opportunities - Evidence sought to be adduced in additional evidence by petitioner is essential for just decision of case - Further, evidence is based on record of office..........
Indian Penal Code, 1860, Section 376 -- Reduction of sentence - Rape - Offence occurred 20 years ago - Compromise entered between victim and accused and case was closed - Both parties are married to different persons - Therefore, during existence of adequate and special reasons, lesser sentence can be awarded...........
