Criminal Procedure Code, 1973, Section 273, 299, 220, 223, Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 14(5), Constitution of India, 1950, Article 14 -- Depositions of witnesses recorded in the absence of accused who was absconding and arrested later on - Accused to file statement before Special Judge as to who were all the witnesses in main trial..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of a person as additional accused - There is no restriction upon a Magistrate to summon any person for trial when he was not named in the FIR or when named but not charge sheeted, if at any stage of proceeding the trial court is satisfied that on the basis of evidence collected/produced in the course of enquiry into..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Magistrate found it proper and in the interest of justice to summon the petitioner for trial - Held, it shall be treated his satisfaction regarding necessity for the trial of petitioner along with other accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Legality of - There are contradiction in the evidence of complainant - Trial Court observed that witnesses have also not supported the case of prosecution - Prosecution has failed to prove main ingredient of S.138 of the Act and failed to prove that cheque was given by respondent..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Suit for title - Defendant raised preliminary issue that valuation of suit should be decided first because suit property is worth Rs.50,00,000/- - However, no written statement is filed by defendant - Preliminary issues raised is disputed question of fact - Merely because defendant has instituted suit with..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence of committing forgery by creating a false document by dishonest and fraudulent means, forged the signatures of complainant and an attempt made to use the forged document as genuine - Civil dispute pending in competent civil court - Held, notwithstanding civil..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance granted to wife and her child aged one and half year - Quashing of interim maintenance sought by the husband on the ground that he is not financially in a position to pay maintenance as he was undergoing treatment for mental unsoundness - Husband sought to rely on certain documents in support of his..........
Criminal trial -- Omission, committed by investigating agency, does not come to the rescue of the accused...........
Indian Penal Code, 1860, Section 302 -- Murder - Case resting on circumstantial evidence - Accused took deceased on his scooter at outskirt of village and allegedly killed him - No specific motive attributed to accused except that he was having love affair with wife of deceased, but without there was no prior incident or complaint - Co-accused i.e. wife of deceased..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 242, 243 -- Triple murder - Prosecution failed to secure attendance of witnesses through process of law - Evidence closed - Held, trial Court should have issued directions to State for securing the presence of witnesses - Impugned order of conviction set aside - Matter remanded for making more..........
