Civil Procedure Code, 1908, Order 41, Rule 25 -- Appeal - Additional issues - Necessary issues if not framed then Appellate Court to frame additional issues and to decide those issues when sufficient evidence is available on record to decide those issues, or it can direct trial Court to record evidence on those issues and submit such evidence to appellate Court for..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Scope - Held, order of acquittal can be interfered with only if there is an absolute assurance of guilt of accused upon evidence on record and High Court would not be justified in interfering with order of acquittal, unless same is found to be perverse and order of acquittal can be set aside if view..........
Criminal Procedure Code, 1973, Section 319, 482 -- Triple murder - Summoning of additional accused - Challenge thereto - Petitioner summoned as additional accused by Magistrate after rejecting final report submitted by investigating agency - Magistrate considered affidavits of witnesses and evidence collected by investigating agency and passed a detailed order - Held, no..........
Criminal Procedure Code, 1973, Section 408, 409 -- Transfer of case - Powers of Sessions Court - Held, in any criminal revision, where grant of bail was challenged, Sessions Judge could not pass an order of transfer of case...........
Criminal Procedure Code, 1973, Section 437(6) -- Bail - Cancellation of - Held, bail can also be cancelled on ground that order granting bail is casual in approach, capricious and arbitrary in nature and cavalier in reasoning, it sans reasons, it is perverse, it ignores evidence which is available on record or court failed to apply appropriate law while granting bail...........
Criminal Procedure Code, 1973, Section 437(6) -- Bail - Cancellation of - Accused remained in jail for almost about 14 to 15 months - Accused did not misuse liberty extended in their favour - Nor there is any allegations from side of complainant or prosecution that liberty was misused or abused - Held, there would be no good reason to cancel bail - If in a case triable by..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court ought not to interfere with the order of acquittal if on the basis of same evidence two views are reasonably possible - one in favour of the accused and the other against him...........
Criminal Procedure Code, 1973, Section 95, 96 -- Publication - Forfeiture - Government has power to nullify a publication which endangers public order, although the freedom of expression in this situation is undoubtedly restricted even though such freedom 'is an indicator of the permanent address of human progress'...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 323, 504, 506, 325, 379 -- Bail cancellation - All except offence u/s 379 IPC bailable - In bailable offences accused has a right of bail - As regards offence u/s 379 IPC no specific role against accused in FIR - No wrong exercise of discretion in granting bail - No allegation of..........
Criminal Procedure Code, 1973, Section 439, 48, Indian Penal Code, 1860, Section 324, 352, 506 -- Bail - Granted in an offence us 324, 352 & 506 IPC - Death of victim - Offence converted to S.304 IPC - Accused has to apply for fresh bail - High Court passing an order u/s 482 Cr.P.C. directing accused to continue to remain on bail - Order set aside - High Court cannot..........
