Criminal Procedure Code, 1973, Section 218 -- Framing of joint charges - Duty of court - Held, Court has to consider the travails and tribulations that victim and other witnesses might face if trial is held separately, as prayed for by petitioners - Prosecution is also likely to examine several female students who are studying under the petitioners in order to bring home..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 36A(4), Criminal Procedure Code, 1973, Section 167(2) -- Offence under NDPS Act - Accused is entitled to bail on expiry of 180 days if the complete challan is not presented, and no application for extension is made and order is passed by learned court after hearing the accused...........
Civil Procedure Code, 1908, Order 8, Rule 1, 5, 10 -- Written statement - When not presented within time permitted or fixed - Two options with Court are either to pronouncement judgment or to make such order in relation to the suit as it thinks fit - Court in its discretion can choose either of the two options - In exercising such a discretion Court has necessarily to be..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Payable from date of application - For awarding maintenance from the date of application, express order is necessary - No special reasons, however, are required to be recorded by the Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Dismissal in default - Restoration - Wife failed to appear in Court on date of hearing due to illness - Sufficient cause for non appearance - Magistrate ordered restoration of maintenance petition - Order upheld...........
Civil Procedure Code, 1908, Order 4-A -(As in U.P.) - Consolidation of suits - When two or more suits or proceedings are pending in the same court, and the court is of opinion that it is expedient in the interest of justice, it may by order direct their joint trial, whereupon all such suits and proceedings may be decided upon the evidence in all or any such suits or..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - There is no embargo on the appellate Court reviewing the evidence upon which an order of acquittal is based - Generally, the order of acquittal is not interfered with because the presumption of innocence of accused is further strengthened by acquittal - If two views are possible on the evidence..........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, 4 -- Divorced Muslim woman claiming maintenance u/s 125 Cr.P.C. - Claim of maintenance without following the due procedure as contemplated u/s 5 of the Muslim Women Act - Maintenance petition not maintainable - Impugned order of grant of maintenance quashed and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Application for - Dismissed in default - Restoration of - Plea that recalling of dismissal order would amount to altercation in order as defined in S.362 and, therefore, is not permissible - Held, prohibition imposed by S.362 of the Code is to the extent of impermissibility pertaining to alteration of judgment or..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - (1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded; (2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may..........
