Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Trial Court can always frame an appropriate charge if there is sufficient material from the report of police available before it - In case where material is insufficient to frame a charge, trial Court may either discharge the accused or may direct further investigation in the matter...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 222 -- Charge u/ss 302, 304-B IPC - Conviction u/ss 498-A & 306 IPC - Accused was made aware of basic ingredients of offence for which he was being tried - He was also made aware of the facts of case sought to be established against him by prosecution - He had been given a fair chance to defend..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C., significantly uses two expressions i.e : (i) Inquiry; (ii) Trial - As a trial commences after framing of charge, an inquiry can only be understood to be a pre-trial inquiry - Word evidence u/s 319 Cr.P.C. contemplates evidence of witnesses given in court in inquiry or trial...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Degree of satisfaction required for summoning a person u/s 319 Cr.P.C. would be same as for framing charge - Difference is on account of fact that trial may have already commenced as against original accused and it is in course of such trial materials are disclosed against newly summoned..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit barred by limitation - Rejection of plaint without framing an issue and allowing parties to lead evidence - To adjudicate issue whether suit is within time or not, evidence is required to be adduced by both the parties - An issue with regard to limitation alognwith other issues has to be framed and..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Pleadings in civil suits are restricted to plaints and written statements - After issues are framed replication cannot be filed as a matter of right to controvert the pleas taken in written statement - Pleas taken in written statement which are new can only lead to framing issues - Court rightly dismissed..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - CBI did not arrest the accused during course of investigation at any stage - Accused himself surrendered, after submission of final police report - Complainant neither filed any private complaint against accused nor complained to higher authorities against the..........
Criminal Procedure Code, 1973, Section 227, 228, 239, 240 -- Framing of charges - Object of - Held, purpose of framing of charges is that accused should be informed with certainty and accuracy of charge brought against him - There should not be vagueness - Accused must know scope and particulars in detail...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Non framing of charge - Several accused persons attacked injured with deadly weapons - It is reasonable to presume that they had knowledge or intention that such an attack would result in death - Moreover, open declaration by accused that a person would be killed indicates his intention - Ingredients of S.307 IPC..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Failure to frame substantial question of law - Held, High Court has committed a grave error in procedure by not framing substantial question of law and setting aside judgment and decree of first appellate Court - Finding of fact recorded by first appellate Court on contentious issues was based on re-appreciation of..........
