Criminal Procedure Code, 1973, Section 319 -- Additional accused - Can be summoned on an application filed by complainant...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Offence of rape - Additional accused can be summoned on the testimony of prosecutrix when other witnesses are still to be examined...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Law as to - Summed up : (i) Power to summon an accused is discretionary and extra-ordinary power, which should be exercised sparingly and only if compelling reasons exist at any stage of case; (ii) The order passed under Section 319 of the Code of Criminal Procedure summoning an additional accused should..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Accused summoned u/s 319 Cr.P.C. has to be jointly tried with other co-accused and trial Court is not justified in separating the case of revisionist and deciding the case of rest of the accused - Moreover, statement of PW1 in cross-examination ruling out the involvement of revisionist - Possibility of..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning order - Matrimonial dispute - Revisionist brother-i, law of deceased - Revisionist residing and working in Rajasthan and also not a beneficiary of the alleged dowry - Alleged allegation of causing physical and mental torture to the deceased for demand of dowry not made against revisionist -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Permission to adduce - Plaintiffs at time of filing plaint concealed true facts about previous partition and obtained decree in their favour - However, during pendency of appeal they admitted true fact by executing registered sale deeds - They failed to explain admission made by them in registered sale..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Appellant sold his crops to respondent and respondent, in lieu of payment, handed over cheque amounting to Rs.80,000/- which got dishonoured - Respondent did not appear in witness box to rebut presumption in favour of appellant - Held, respondent guilty for offence punishable..........
Criminal Procedure Code, 1973, Section 216, 228 -- Additional charge - Prosecution evidence already recorded - It is the totality of the evidence under oath available on record, which is to be taken into consideration and not the statements of witnesses recorded by the investigator during investigation to find out whether there is justification for framing additional..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 43A -- Correction of revenue record - Delay of 26 years - Held, perusal of S.42 reveals that State Govt. may "at any time" examine correctness of any scheme or order passed during consolidation - Expression "at any time" requires a person to approach Consolidation authorities within..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Accused named in FIR but not named in charge sheet - Magistrate after perusing FIR, case diary and death report came to a prima facie conclusion of the involvement of all the persons named in FIR - Prosecution against all the persons named in FIR - High Court concurring - No good reasons to take a different..........
