Criminal Procedure Code, 1973, Section 156, Indian Penal Code, 1860, Section 302 -- Criminal Investigation - The fate of a serious case like murder should not be allowed to hinge on faulty investigations - It becomes the duty of the trial court to be a mere spectator, what goes on in the name of trial - Trial judge has to control the trial by active application of mind,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 1985 grams of heroine from the handbag which accused was carrying - Trial court acquitted accused on the ground that there was non compliance of Section 55 of the Act - Held, Trial Court's view that seizing officer testified only when tested on the anvil of cross examination that the property..........
Criminal Procedure Code, 1973, Section 407, Indian Penal Code, 1860, Section 302 -- Transfer of trial - Murder case against sitting MLA and three others - Sitting MLA belonged to the party in power - Complainant sought transfer of trial to some other State - Complainant has alleged that the investigating agencies in connivance with the state govt. wanted to shield sitting..........
Criminal trial -- Non examination of some person cited in the charge sheet - Not necessary for prosecution to examine every other witness cited in the charge sheet - Mere non examination of some persons does not corrode the vitality of the prosecution version, particularly when witnesses examined have withstood the cross examination and pointed to the accused persons as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - U.O.6.R.17 proviso CPC no application for amendment shall be allowed after the trial has commenced, unless in spite of due diligence, the matter could not be raised before the commencement of trial...........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Closure of evidence by order - Order is penal in nature - Such order must follow an order of lesser gravity - Since no such order of lesser gravity passed as such case remanded back to trial court to decide afresh after giving one effective opportunity to plaintiff to produce evidence...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness on the ground that certain relevant questions not put to PWs - Trial Court did not examine whether the evidence proposed to be brought on record by recalling the witness was essential or not for just decision of the case - Impugned order quashed - Trial Court directed to decide the application in accordance..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Once plaint is returned by trial Court so far as suit in that Court is concerned comes to an end - Now it is for the plaintiff whether to presents the plaint before appropriate Court for institution of fresh suit or not...........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused - Accused to be confronted with all the incriminating circumstances appearing in the prosecution evidence - Omission on the part of prosecution in confronting certain incriminating circumstance with the accused - Held, it will not necessarily vitiate the trial when it had not occasioned a failure of..........
Civil Procedure Code, 1908, Order 23, Rule 1(4)(b) -- Withdrawal of suit - Earlier suit withdrawn by the petitioner without liberty to file fresh suit on the same cause of action was the outcome of fraud perpetuated on the petitioner - Petitioner directed to move an appropriate application before the trial court to recall withdrawal order and to get the suit restored to..........
