Criminal Procedure Code, 1973, Section 389, 432, Rajasthan Prisoners Release on Parole Rules, 1958, Rule 1(c), 3 -- Suspension of sentence - Release on parole - Powers of judiciary & executive - Held, powers assumed to itself by State Government under the parole rules cannot be exercised so long as an appeal by a convicted person is pending and judicial function is not..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheques - Cheating & criminal conspiracy - FIR - Quashing of - No allegation in FIR that on date of transaction there was fraudulent intention on part of petitioners - No allegation that when cheques were issued, there was..........
Criminal Procedure Code, 1973, Section 482, Customs Act, 1962, Section 135(1)(b) -- Closure of evidence - Legality - Sufficient number of opportunities had been given by Court to produce evidence - Petitioner did not complete its evidence despite final opportunity having been given - Held, evidence of petitioner had rightly been closed - Moreover, order of closure of..........
Criminal trial -- No period of limitation can be prescribed in which the trial of a criminal case must be closed mandatorily...........
Constitution of India, Article 227 -- Addition evidence - Closing of evidence - Defendant Nos. 2 and 3 sought permission for directions to trial court to allow photographs of signatures of plaintiff appearing on some documents to be taken by handwriting expert and to allow him to compare signatures to give report and depose in court in support thereof - Record of case..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witnesses - Case u/ss 364 and 302 IPC - Closure of evidence by trial Court - Validity - Held, in such a serious case, the right of cross-examination of accused should not be closed forever due to fault of counsel and client should not suffer for default of counsel - It was duty of trial court to afford reasonable..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Evidence of plaintiff closed by order - Proof of some documents by way of secondary evidence sought when the case was fixed for evidence of defendant - Most of the documents are original documents and secondary evidence cannot be led to prove them - By proof of other documents plaintiff want to show that their..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for no, prosecution - Validity of - Prosecution has closed its case and accused examined u/s 313 of the Code of Criminal Procedure, 1973 - Held, court was required to pass a judgment on merit of the matter - Magistrate was not justified in dismissing the case for no, prosecution..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Application for - Delay of 7 years - Petitioner, son of defendant sought his impleadment after lapse of 7 years form the date of institution of suit on the ground that he is coparcener of joint Hindu family - Earlier Trial court was directed to conclude the proceeding within one year - Evidence has..........
Rent and Eviction -- Non user of suit premises for a period of six months preceding the filing of suit and that tenant is liable for eviction on ground of sub letting - Non consumption of electricity - Plea of tenant that he is a devout Jain and he closes the shop at 5.30 p.m. before the day getting dark - However, after two/three years electricity consumption started..........
