Criminal Procedure Code, 1973, Section 277 -- Recording of evidence - When a question arises as to what exactly witness has stated in his evidence, it is original deposition of witness which has to be taken into account and not translated memorandum in English prepared by presiding Judge...........
Criminal Procedure Code, 1973, Section 277 -- Recording of evidence - Direction issued that all Courts while recording evidence of witnesses, shall duly comply with provisions of S.277 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Trial Court after considering the matter and evidence on record passed a detailed and speaking order recording its satisfaction that a prima facie case is made out and summoned applicant to face trial - Question of theft of cheque..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction and declaration - Respondent is neither necessary nor proper party, as he is stranger to suit proceedings - Nature of suit property can only be decided after recording evidence - Moreover, application U.O.7.R.11 CPC filed by defendants is still pending - Order of allowing..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Sole testimony of PW3 - Inordinate delay in recording of evidence of witnesses not explained by I.O - PW1 and PW5 have not supported prosecution case - PW3 is not wholly reliable - Conviction on sole testimony of PW3, without there being any corroboration to his evidence not justified - Benefit of doubt thus, given to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter claim - Suit is at the stage of recording of evidence of defendant - Relief of specific performance was sought in counter claim by way of amendment - Application for amendment filed after almost 5 years from filing of counter claim - No plausible explanation given by defendant for not claiming relief of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Dispossession during pendency of suit - Dismissal of application on the round that no document has been filed to show dispossession - Such jurisdiction is to be exercised by trial Court after recording evidence - Amendment allowed. (Paras 8 & 9 (ii) Civil Procedure Code, 1908, O.6.R.17 - Amendment of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Question as to whether pleadings made in application U.O.6.R.17 CPC are correct and reliable or not, can be adjudicated by trial Court only after recording of evidence...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499, 500 -- Quashing of complaint - Offence u/ss 499, 500 IPC - Prima facie Magistrate found that offence in question falls within meaning of expression u/s 499 IPC - Stage of recording of evidence has not reached - It is difficult to hold that a case for quashing of complaint u/s 482 Cr.P.C has..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court should record its reasons for admitting additional evidence - Mere reference to peculiar circumstances of case, or mere statement that evidence is necessary to pronounce judgment or that additional evidence is required to be admitted in the interest of justice, or that..........
