Criminal trial -- Right to fair trial - Prejudice - Court must bear in mind the followings:- (i) Whether he is aware of what he is being tried for; (ii) Whether facts sought to be established against him are explained to him fairly and clearly; (iii) Whether he is given full and fair chance to defend himself against said charge(s)...........
Criminal Procedure Code, 1973, Section 244, 245, 246 -- Framing of charge - Procedure to be followed - Held, while framing charges on a Police report which is confined to material collected during the course of investigation, if Court finds that there is ground for presuming that accused has committed offence, it can frame charge - If he finds that no case against accused..........
Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20(1) -- Double jeopardy - Private complaint and charge sheet filed by police discloses same incidents - Held, two proceedings cannot be initiated against accused for same offence - Respondent is attempting to abuse process of law by initiating two criminal proceedings against petitioners -..........
Transfer of Property Act, 1882, Section 54 -- Transfer deed - Plea of fraud or forgery - Even in civil cases, plea of fraud or forgery is required to be proved beyond reasonable doubt like a criminal charge...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Can be summoned only on the basis of examination-in-chief - No need for any cross examination - Only requirement u/s 319 Cr.P.C. is prima facie evidence of commission of offence - Any person who is not charge sheeted but there is evidence of offence against that person, can be summoned as an accused...........
Witness -- Non-examination - Witness not named in FIR - Neither he witnessed the occurrence nor he was cited as witness in charge-sheet - Held, if witness is not material then there is no need for prosecution to examine such a person...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Trust - Held, a Trust, either private or public/charitable or otherwise, is a juristic person who is liable for punishment for offence punishable u/s.138 of NI Act - Such a Trust, having either a single trustee or two or more trustees, is a company in terms of S.141 of NI Act - For..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by Trust - Prosecution of trustees - Quashing of - Sufficient averments to the effect that petitioners (Accused No.3 to 9) being trustees of Trust (Company) were i, charge of running of Trust along with second accused and they all entered into a..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of Directors - Quashing of proceedings - Respondent/complainant has not specified role of Directors in day-to-day affairs of company - Held, pleadings for proceeding against petitioners as an accused u/s.138 of the Act as..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and Murder - Conviction - Sustainability - Accused, tenant in the house of deceased - At the time of incident, apart from father of deceased, only male present in the house was appellant - House locked from inside - Charge of rape stands proved - Plea that accused not run away from scene of offence showed that he is..........
