Criminal Procedure Code, 1973, Section 116 -- Inquiry u/s 116 Cr.P.C. - Opportunity to adduce evidence as part of defence or an opportunity to hear not provided - Impugned order passed without following procedure as nearly as may be practicable in the manner prescribed for conducting trial and recording evidence in summons case - Impugned order set aside - Matter remanded..........
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 132 -- Summoning of additional accused who deposed as PW - There cannot be an absolute embargo on the Trial Court to initiate process u/s 319 Cr.P.C., merely because a person, who though appears to be complicit has deposed as a witness - Finding to invoke S.319 Cr.P.C. must be based on the evidence..........
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 132 -- Summoning of additional accused who deposed as PW - An order for initiation of process u/s 319 Cr.P.C against a witness, who has deposed in the trial and has tendered evidence incriminating himself, would be tested on the anvil that whether only such incriminating statement has formed the basis..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Person from whom accused demanded illegal gratification was not examined before trial Court, as he could not be traced during the trial - In the absence of said person, factum of demand which is sine qua non of offence u/s 7 of the Act is not proved beyond..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband undermining his income to avoid paying maintenance of appropriate amount to wife - Courts below have rightly taken into account that income of husband dipped around the time of filing of complaint and thus, guessed his income on the basis of partnership business and other..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Record of trial Court destroyed/weeded out - Reconstruction of record is not possible - Retrial of case is also not possible - Conviction and sentence set aside - Accused acquitted...........
Armed service -- Court Martial proceedings - Appointment of Judge Advocate - When no reasons are recorded for appointment of Judge Advocate who is junior in rank to the officer facing trial, Court martial proceedings stands invalidated...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Illegal encroachment made by defendant on the street in question - Power exercised by Trial Court by appointing Kanungo Incharge of area as Local Commissioner cannot be stated to be illegal, perverse or against law, as report which will be submitted by Local Commissioner would assist the Court in properly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendment relates to subsequent event - Same relates to defence already pleaded by defendant - Proviso appended to O.6.R.17 CPC provides that after trial has commenced, amendment should not be allowed apart from circumstances wherein it can be proved by party claiming amendment that..........
Criminal Procedure Code, 1973, Section 164 -- Statement of victim recorded u/s 164 Cr.P.C - Legible copy of statement of victim recorded u/s 164 Cr.P.C shall be made available to accused before start of trial and said mandate should not be deferred till the examination of Magistrate who recorded said statement - Accused has a statutory right to use S.164 Cr.P.C statement..........
