Criminal Procedure Code, 1973, Section 228 -- Framing of charges - Charges against accused can be framed even if there is a strong suspicion, which leads Court to believe that there is a ground for presuming that accused has committed the offence...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charges - At the time of framing of charges, trial Court is not supposed to consider or weigh evidence with a view to evaluate whether there is sufficient ground for conviction of accused...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Amendment sought to incorporate relief of recovery of possession - It is specific case of plaintiff that after filing of suit criminal case was registered against her, she was arrested and in the meanwhile defendant illegally occupied the suit property -..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Mere irregularity and administrative lapses in official decision making particularly in day to day functioning of municipal bodies does not ipso facto attract rigors of criminal law - Offences in question are grave and require clear..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Presence of accused or filing of compounding petition need not be insisted by Criminal Courts, if matter is amicably settled between parties and in cases wherein presence of accused could not be secured or could be secured only..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Once counsel for complainant files a statement stating that complainant has received the amount, nothing further remains to be adjudicated in the matter, parties can be allowed to compound the matter...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - When parties to lis in a prosecution u/s 138 of the Act had arrived at a compromise, usual and normal method is to file a compounding petition either u/s 320 Cr.P.C or u/s 147 of N.I. Act or both...........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Old age of accused and long lapse of time from the commission of offence can always be a ground available to give some priority to appeals against conviction of accused on bail...........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Where accused are on bail and especially where a life sentence has been imposed are heard after a decade or more from its filing and if appeal is dismissed, it is desirable that such appeals should be given priority...........
Criminal Procedure Code, 1973, Section 441 -- Bail bonds - Bail/surety bonds are executed to ensure the presence of accused whenever required by Court and not as a guarantee for the fine amount or amount sought to be realised...........
