Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of issue with regard to defence taken in written statement - Defendant never objected and never filed an application for framing additional issue during pendency of suit - Moreover, defendant also led evidence to some extent during his oral examination i, chief and had not made any mention of any document in..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Non framing of issues - If issues were well within the knowledge of the parties and they led their evidence then decree of trial Court cannot be set aside on the ground that issues were not framed...........
Criminal Procedure Code, 1973, Section 227 -- Discharge of accused at the stage of framing of charge - Accused along with co-accused purchased victim girl who is below 18 years, for consideration to use her during whole night but could not do so as she was unwell - No explanation given by accused as to said fact - Both accused persons shared common intention - Deliberate..........
Criminal Procedure Code, 1973, Section 464 -- Non-framing of charge - Remand of case - Permissibility - Contention of respondents that charges ought to have been framed against appellants u/s 304(Part II) IPC - Held, no, framing or wrong framing of charge does not vitiate proceeding unless there is failure of justice - Failure of justice has to been seen not only from..........
Criminal Procedure Code, 1973, Section 362 -- Court not to alter judgment - Order framing charge - Once charges have been framed, trial has to be brought to its logical end - There cannot be a review or recall of an order...........
Prevention of Corruption Act, 1988, Section 4(3), 13(2), 13(1), Indian Penal Code, 1860, Section 120B, 420 -- Case registered against sole public servant and no, public servants u/ss 120-B, 420 IPC r/w S.13(2) & 13(1) of PC Act - Death of sole public servant before framing of charges - No PC offence committed by any of no, public servants - Held, Special Judge had no..........
Wakf Act, 1995, Section 83(2) -- Suit for declaration that sale deed is void - Sale deed cancelled by Tribunal - Order of Tribunal for setting aside sale deed without framing any issue in that regard and recording any finding on such issue is arbitrary, illegal and without jurisdiction - Impugned order of Tribunal set aside...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 227 -- Accused convicted u/ss 304-B, 498-A IPC - No charge framed u/s 306 IPC - For conviction u/s 306 IPC there is no necessity of separately framing charge u/s 306 IPC when accused is charged u/ss 304-B, 498-A IPC - Conviction u/s 498-A confirmed - Accused acquitted of charge u/s 304-B IPC but..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Framing of additional issues - Petitioners-plaintiffs instituted suit for declaration with consequential relief of permanent injunction - Application for framing of additional issues with regard to validity, genuineness of impugned Wills filed when case was listed for rebuttal evidence and arguments - Real controversy..........
Criminal Procedure Code, 1973, Section 251 -- Framing of notice u/s 251 Cr.P.C. - Discharge of accused - Summons case instituted upon complaint - Magistrate is not expected to mechanically frame notice u/s 251 Cr.P.C. and has to apply its mind to find out whether prima facie case is made out or not - However, if no case is made out against accused, Magistrate would be well..........
