Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Offence u/ss 323, 324, 326, 341, 149 IPC - Injured eye witness who was the first informant, disclosed the names of private respondents and specifically named them in the FIR - But on the basis of some enquiry by DSP they were not charge sheeted - However, it is not that I.O did not find case..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of sole plaintiff - Impleadment of L.R's - Suit itself stood abated by operation of law - LR's sought impleadment in appeal filed against dismissal of temporary injunction application in said suit - When main suit itself is no longer survived owing to operation of law, an interlocutory order passed therein automatically..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - To exercise power u/s 482 Cr.P.C, complaint in its entirety has to be examined on the basis of allegations made in complaint/FIR/charge sheet - High Court at that stage is not under an obligation to go into matter or examine its correctness - Whatever appears on the face of complaint/FIR/charge-sheet..........
Criminal Procedure Code, 1973, Section 164 -- Statement of victim u/s 164 Cr.P.C - Rape case - Statement of victim recorded u/s 164 Cr.P.C as substantive evidence in chief - This is absolutely in contravention of scope of evidentiary value of a statement u/s 164 Cr.P.C and against principles of examination, cross-examination and re-examination of witness under Evidence Act..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Examination of handwriting and fingerprint expert - Comparison of signatures on cheque - Cheque in question had not been returned by bank on account of difference in signatures but on account of insufficient funds - No purpose therefore, would be served in..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Neither chief examination nor cross examination of witnesses recorded - Summoning of additional accused only on the basis of putting two questions to the witnesses - Summoning of additional accused only on the basis of oral submission of witnesses - Not permissible - Order is totally based on..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness for cross examination - Right to cross examine witness closed as Advocate of defendant was absent - Advocate of defendants senior citizen and due to circumstances beyond his control, he could remain present in Court - Party should not suffer for mistake of advocate - Right of defendant to cross-examination..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Wife pleaded in application that she is wife of respondent - Husband did not controvert said evidence of wife but admitted the same during examination as RW1 - Evidence on record is sufficient to conclude that parties thereto were related as husband and wife by a marriage solemnized..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of additional witnesses by defence - Accused were granted last opportunity to produce their evidence in defence - Defence evidence closed later on - Even, thereafter, one effective opportunity was granted to accused subject to payment of costs -..........
Criminal Procedure Code, 1973, Section 216(1) -- Addition of charge - When trial Court exercises power u/s 216 Cr.P.C that too at a stage after examination of accused u/s 313 Cr.P.C to add a charge for an offence which prosecution has not alleged against accused, it is necessary that trial Court shall specifically indicate the materials on record which form basis for..........
