Criminal Procedure Code, 1973, Section 299 -- Recording of evidence in the absence of accused - In the event, an order u/s 299 Cr.P.C is passed, deposition of any witness taken in the absence of an accused may be used against him if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without any amount of delay,..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 299 -- Murder of wife by husband - Recording of evidence of complainant in the absence of accused - Appellant vanished from the crime scene and remained absconding for a period of nearly 10 years - Statement of complainant was recorded in proceedings u/s 299 Cr.P.C - Circumstances of motive, last..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of statutory period of six months - Parties have lived together as husband and wife only for 6 days - Both the parties are adamant that there is no chance of reunion between them - It is thus, appropriate that statutory period of six months for recording of second motion statement is waived, as the..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of weapon at the instance of accused - Witnesses of recovery not stated that discovery was made from a place disclosed by accused in their presence - Memorandum recording the statement of accused has not been duly proved - Recovery of knife at the instance of accused not proved...........
Criminal Procedure Code, 1973, Section 125 -- Order granting maintenance to wife - Revision - Court at the revisional stage had not conclusively determined the rights of parties - If any new fact with regard to the income of parties is brought to the notice of Court below at any subsequent stage, Court would definitely consider it before recording a final conclusion with..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Against publication of an article - Merely recording that a prima facie case exists, that the balance of convenience is in favour of the grant of injunction and that an irreparable injury would be caused, would not amount to an application of mind to the facts of the case - The three-fold..........
Evidence Act, 1872, Section 137, 138 -- Examination-in-chief - Recording of only examination-in-chief of 12 prosecution witnesses without recording cross-examination is contrary to law...........
Protection to life and liberty -- Police protection - Guidelines in dealing with habeas corpus petitions, viz. (i) Such must be given a priority in listing and hearing before the Court - A Court must avoid adjourning the matter, or delays in the disposal of the case; (ii) In evaluating the locus standi of a partner or friend, Court must not make a roving enquiry into the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Only plaint averments can be seen at this stage - Whether any fraud has been committed or not has to be determined only after recording of evidence - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Only plaint averments can be seen at this stage - Whether any fraud has been committed or not has to be determined only after recording of evidence - Application rightly rejected...........
