Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission not unequivocal and absolute to pave way for a judgment on admission - Judgment on admission is erroneous and illegal...........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Hearing of appeal in the absence of advocate of accused - High Court ought to have appointed a lawyer to espouse his cause after finding that advocate appointed by accused was absent - High Court thus, committed illegality by deciding appeal against conviction preferred by accused without hearing..........
Criminal Procedure Code, 1973, Section 216, 374, 386 -- Appeal against conviction - Alteration/addition of charge in the absence of advocate of accused - Grave prejudice has been caused to appellant by altering charge without giving notice to accused or his advocate about alteration of charge...........
Indian Penal Code, 1860, Section 201, Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge from Ss.302, 148, 149 IPC to Ss.302, 34 IPC in the absence of advocate of accused - Grave prejudice caused to appellant - No evidence of common intention - Only act of stopping deceased will not by itself bring the case within purview of S.34 IPC - Conviction..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - At the stage of considering an application for discharge, Court must proceed on an assumption that material which has been brought on record by prosecution is true and evaluate said material in order to determine whether facts emerging from material taken at its face value, disclose the existence of ingredients..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Defence of accused is not to be looked into at the stage when accused seeks to be discharged...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Plea or defence when requiring to be proved during course of trial is itself sufficient for framing the charge...........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 13 -- Discharge - Assets disproportionate to known source of income - Purported loans said to have been obtained by accused from his mother, brother and father are all question of fact which require adjudication and this could be done only during trial - At the stage of framing charge..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court has not considered the merits of suit and counter claim - Order of High Court set aside - Matter remanded...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Eye witness has not identified both the accused in Court - Accused cannot be convicted in the absence of their identification by eye witness before Court - Accused acquitted...........
