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Showing : 51-60 of 2916 Results

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Discretionary power u/s 319 Cr.P.C. to be used sparingly where circumstances of the case so warrant - In the instant case, materials on record could not be said to have satisfied i.e more than a prima facie case as exercised at the time of framing of charge but short of evidence that if left..........

ALLAHABAD HIGH COURT

Year of decision: 2024
Details

Criminal Procedure Code, 1973, Section 319, 227 -- Summoning of additional accused - Person who is summoned u/s 319 Cr.P.C, cannot avail the remedy of discharge u/s 227 Cr.P.C...........

ALLAHABAD HIGH COURT

Year of decision: 2024
Details

Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Prosecutrix levelled specific allegations against additional accused summoned while recording her statement u/s 164 Cr.P.C during course of investigation - Order of summoning of additional accused is proper...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2024
Details

Agreement to sell -- Specific performance - Plaintiff can seek additional as well as alternative relief in the same suit - Claim of such reliefs does not in any way adversely impact primary relief i.e. specific performance of agreement to sell...........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Signature on cheque alleged to be forged - Additional evidence at appellate stage - Comparison of signatures by handwriting expert - Despite having opportunity, accused did not put any question to the bank official examined in..........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Power to record additional evidence u/s 391 Cr.P.C. should only be exercised when the party making such request was prevented from presenting the evidence in the trial despite due diligence being exercised or that the..........

RAJASTHAN HIGH COURT

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Suit was filed in the year 1992 and written statement was filed in 2017 along with counter claim due to which proceedings of suit has been delayed - Though the act of defendants is not appreciable, but since written statement has already been taken on record and suit has proceeded, Court below should have..........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C. - In a case based on circumstantial evidence, non-explanation or false explanation of accused u/s 313 Cr.P.C cannot be used as an additional link to complete chain of circumstances - It can only be used to fortify conclusion of guilt already arrived at on the basis of other proven..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2024
Details

Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Order u/s 319 Cr.P.C should not be passed only because informant or one of witnesses seeks to implicate other person - Sufficient and cogent reasons are required to be assigned by Court so as to satisfy ingredients of provision...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2024
Details

Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C empowers Court to add any person not being accused before it but against whom there appears, during trial, sufficient evidence indicating his involvement in the offence, as an accused and direct him to be tried along with other accused...........

Showing : 51-60 of 2916 Results