Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Matter of discharge and summoning accused u/s 319 Cr.P.C. stands on a different footing inasmuch as at the time of framing of charge, only prima facie evidence is to be looked into while clinching evidence is needed at the time of summoning the accused u/s 319 Cr.P.C. in which Court has to..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Framing of issues - Decree of possession - Plea of renewal of tenancy by accepting rent - Mode and manner qua tendering of rent not specifically pleaded in objections - Held, framing of issues beyond pleadings and allowing opportunity to lead evidence beyond pleadings is not permissible...........
Indian Penal Code, 1860, Section 149 -- Non-framing of charge u/s 149 IPC - Accused contented that in the absence of specific charge they cannot be convicted u/s 149 IPC - However, evidence on record shows that there was an unlawful assembly - Each accused person was very well aware that they are tried for being a part of assembly which are armed with weapons - No..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - When a serious dispute is raised by parties with regard to cause of action and limitation, the same is to be resolved only after framing issues and conducting trial on the said aspect but not by rejecting the plaint...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Notice u/s 251 Cr.P.C. - At the stage of framing of notice u/s 251 Cr.P.C. trial Court is not expected to function like a post office and to mechanically frame notice, but is rather bound by law to apply its mind to find out whether prima facie case is made..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Framing of notice u/s 251 Cr.P.C. - Exemption from personal appearance - Till arguments on the point of framing of notice u/s 251 Cr.P.C. are concluded, personal appearance of petitioner be not insisted upon by trial Court upon his filing an application u/s..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Contradiction in evidence - Prima facie case should be of nature greater than what is required at the time of framing of charge - Allegation against petitioners that they used sharp edged weapon, whereas, no injury was received by sharp edged weapon - Improvements in statements of witnesses..........
Criminal Procedure Code, 1973, Section 294 -- Framing of charge - Permissibility to produce documents on record obtained under RTI Act - No absolute bar to consider relevant documents produced by accused at this stage - However, defence of accused not to be considered at the stage of framing of charge...........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption - Since marriage between parties took place 20 years ago, there cannot be any presumption as enshrined u/s 113-A of Evidence Act for framing charge u/s 306 IPC...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - When grave charge is framed against accused, he can be punished for the offence of lesser charge in place of grave charge, if proved...........
