Criminal Procedure Code, 1973, Section 353 -- Cross cases - Version and cross version case - Judgment - Trial in both the cases is to be conducted one after the other - Each case is required to be decided on basis of evidence which has been placed on record of that case and without being influenced by evidence of other case - Judgments in both the cases are required to be..........
Criminal Procedure Code, 1973, Section 465 -- Irregular proceedings - Superior Court is not to quash proceedings merely on the ground of error, omission or irregularity unless failure of justice is there...........
Criminal Procedure Code, 1973, Section 465, 353 -- Irregular proceedings - Cross cases - Version and cross version case - Judgment - Common judgment is passed by trial Court in both the cases - Trial Court has not followed the required procedure which cannot be said to be legal - Trial Court has recorded evidence in one case and substituted the same in other case - It is..........
Criminal Procedure Code, 1973, Section 482 -- Second complaint - Filing of second complaint during pendency of first complaint on same subject matter and non disclosing the first complaint in second complaint, prima facie amounts to abuse of process of Court...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Second complaint on same subject matter - Complaint u/ss 420, 406, 506, 120-B IPC - Two complaints filed on the same subject matter - In the second complaint pendency of first complaint not disclosed - Prima facie it amounts to abuse of process of Court - However, CJM sent..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of pecuniary jurisdiction - Suit for cancellation of sale deed - Court below not conducted any inquiry as required and mandated u/s 7 of Karnataka Court Fee Act - Defendant on whom onus rests to demonstrate that Court has no pecuniary jurisdiction or Court fee paid is insufficient, has failed to place..........
Civil Procedure Code, 1908, Order 20, Rule 5 -- Court to state its decision on each issue - Even if a specific issue has not been mentioned as being decided by a Court in its judgment, but the said issue is covered in its discussion on other issues and is actually adjudicated upon while deciding those issues, it need not be shown to be separately decided...........
Criminal Procedure Code, 1973, Section 482 -- Application for acceptance of challan/final report and quashing of FIR - Investigating agency after completion of investigation had filed challan/closure report in Court of Special Judge, but till date no final order is passed - Matter is listed for 14.6.19 - Parties undertake to ensure presence of their respective clients..........
Indian Penal Code, 1860, Section 376, 90, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Consent - False promise to marry - Subsequent marriage between parties - Does not constitute compromise or settlement between accused and victim, rather it amounts to fulfillment of promise made by accused to prosecutrix - However, said fact can be taken..........
Indian Penal Code, 1860, Section 376, 90, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Consent - False promise to marry - It is evident that accused has no fraudulent intention in making the promise as accused married the victim within a short period after the incident - Rather, in such circumstances what occurred was only acknowledged..........
