Civil Procedure Code, 1908, Order 26, Rule 10(3) -- Report of Advocate Commissioner - Challenge as to - Commissioner's report can be scrapped only after recording of entire evidence and demonstrating that commissioner's report is flaw - Suit is at the stage of cross-examination of PW1 - Petitioner ought not to have approached Court at the premature stage when Court below..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 328, 506 -- Anticipatory bail - Rape - Complainant is a married lady having two children - Accused and complainant were known to each other - Prior to registration of FIR, accused already lodged a complaint against complainant regarding theft of his mobile phone and other valuable items -..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Mere delay in registering the FIR could not be held to be a ground adverse to the case of prosecution, as FIR is only a corroborative piece of evidence and not a substantive piece of evidence...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Written statement - Late production of documents - Documents in question are public documents and reliability and sanctity of the same cannot be doubted - Trial is still at evidence stage of defendant - Documents cannot be rejected merely on the ground of delay, as defendant validly disclosed the reason for not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 366A, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), 3(2)(va) -- Bail - Kidnapping - Prosecutrix stated that she voluntarily went with accused, as she was in love with him - Plea of consent cannot be overlooked at this stage though shall be..........
Criminal Procedure Code, 1973, Section 228 -- Omission to frame charge - Omission to frame charge does not disable Court from convicting accused for the offence which is found to have been proved on the evidence on record...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Evidence of PWs is not sufficient to sustain order u/s 319 Cr.P.C - No other evidence is relied upon by complainant to support the application u/s 319 Cr.P.C - Order of summoning of additional accused set aside...........
Criminal Procedure Code, 1973, Section 439(2), 438, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cancellation of anticipatory bail - Accused not coming to Court with clean hands as he concealed fact of seven criminal antecedents of him - He has played fraud in obtaining the judgment as enunciated in S.44 of Evidence Act - Order granting anticipatory bail set..........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Plaintiff has deposited the diet expenses - Once diet expenses stood deposited, it was duty of Court to issue summons to witnesses of plaintiff for securing their presence - However, without summoning of witnesses of plaintiff, his evidence has been closed - Case of plaintiff has been..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused was not initially named in the FIR - It was only when complainant saw the CD he came to know that accused was also one of accomplices of offenders - However, said CD has not come in evidence before trial Court - Statement of complainant alone cannot form basis to summon accused as an..........
