Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused was not initially named in the FIR - It was only when complainant saw the CD he came to know that accused was also one of accomplices of offenders - However, said CD has not come in evidence before trial Court - Statement of complainant alone cannot form basis to summon accused as an..........
Criminal Procedure Code, 1973, Section 311A -- Specimen signatures - Magistrate can order a person to give specimen signatures or handwriting if Magistrate is satisfied that for the purpose of investigation or proceedings under the Code, it is expedient to direct any person including an accused to give specimen signature or handwriting...........
Criminal Procedure Code, 1973, Section 311A -- Specimen signatures - Power of Magistrate - Magistrate has a statutory duty to pass a speaking order after application of mind before invoking powers u/s 311-A Cr.P.C...........
Civil Procedure Code, 1908, Order 38, Rule 1 -- Arrears of rent - Defendant directed to deposit the rental arrears failing which he will lose opportunity of defending the case - Order of trial Court, upheld...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - Application for discharge rejected without disclosing any reasons - Impugned order set aside - Magistrate directed to reconsider the application and pass a speaking order thereon...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - At the stage of considering an application for discharge, Court must proceed on an assumption that material which has been brought on record by prosecution is true and evaluate said material in order to determine whether facts emerging from material taken at its face value, disclose the existence of ingredients..........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 13 -- Discharge - Assets disproportionate to known source of income - Purported loans said to have been obtained by accused from his mother, brother and father are all question of fact which require adjudication and this could be done only during trial - At the stage of framing charge..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court has not considered the merits of suit and counter claim - Order of High Court set aside - Matter remanded...........
Civil Procedure Code, 1908, Section 30, 32, Order 16, Rule 10, 12 -- Summoning of police official - Diet money deposited - Evidence closed without making any effort to summon said official witness - Presence of such witness cannot be secured without assistance of Court - Impugned order set aside - Trial Court to ensure the issuance of process against summoned witness...........
Criminal Procedure Code, 1973, Section 256 -- Non-appearance of complainant - Acquittal of accused - Neither complaint was posted for trial on the date when impugned order of acquittal was passed, nor an order directing complainant to be present - Magistrate ought to have adjourned the complaint to a later date and directed complainant to be positively present for trial -..........
