Evidence Act, 1872, Section 145, Criminal Procedure Code, 1973, Section 161, 162 -- Hostile witness - Cross examination of own witness - Permission can be granted only when examination-in-chief is closed and party calling witness becomes adverse party - If prosecution wants to cross-examine his own witness under Section 145 Cr.P.C. regarding his previous statements..........
Criminal Procedure Code, 1973, Section 195, 482 -- Penal Code, 1860, Sections 182, 420, 511 - Quashing of complaint - Both the alleged offences i.e. u/S.420 r/w Section 511 IPC and 182 IPC form integral part so as to amount to offences committed as a part of the same transaction - Summoning order issued by Magistrate on private complaint - Held that Section 195 Cr.P.C..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Special Marriage Act, 1954, Section 27, 13, 15, Limitation Act, 1963, Section 5 -- Exparte divorce decree - Setting aside - Remarriage - Does not render application U.O.9.R.13 CPC and application under section 5 Limitation Act infructuous...........
Prevention of Terrorism Act, 2002, Section 3(3), 22(2), 49, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 3(3) and 22(2) of Prevention of Terrorism Act - Expiry of period of one year of detention - Accused can be released on bail under ordinary law without applying rigour of Section 49(7) of the Act...........
Criminal Procedure Code, 1973, Section 407 -- Negotiable Instruments Act, 1881, Section 138 - Transfer of complaints - On ground that petitioner apprehends danger to his life at District Court Gurdaspur - The facts noticed in the petition do not reveal any cogent grounds for transfer - The facts appears to be an attempt to delay the proceedings in the complaints - Petition..........
Criminal Procedure Code, 1973, Section 319 -- Summoning as additional accused - Object of Section 319 of the Code is to ensure that an offender does not escape the consequences of his misdeeds - The powers has to be exercised with a degree of caution, in exceptional circumstances and only where on the basis of the material on record, the Court is satisfied that the..........
Criminal Procedure Code, 1973, Section 319 -- Penal Code, 1860, Section 302/120B/34 - Summoning as accused - Application for by petitioner - Dismissal by trial Court - It relied on the petitioner's unsigned supplementary statement made to the police exonerating respondent Nos.2 to 5 of any wrong doing - Statement on oath by petitioner appearing as PW1 reveals specific..........
Criminal Procedure Code, 1973, Section 439(2), 395(3) -- Wild Life (Protection) Act, 1972, Sections 9, 39, 51 - Bail - Cancellation of bail - Offences under the Wild Life Act - Bail granted to respondent No.2 - Reference under Section 395 Cr.P.C. made to High Court - Clarification sought as to whether the Courts at Jhajjar or Faridabad would have jurisdiction in the matter..........
Criminal Procedure Code, 1973, Section 210, 190 -- Private complaint and police investigation in respect of the same offence - In case investigation by police is in progress in respect of the same offence then proceedings of complaint case are to be stayed and Magistrate to call for record of police officer conducting the investigation - Provision of S.210 Cr.P. can be..........
Civil Procedure Code, 1908, Section 144, Order 9, Rule 13 -- Restitution - Exparte decree set aside under Order 9 Rule 13 CPC - Benefit of restitution under Section 144 is available - Proceeding under Order 9 Rule 13 CPC is `the other proceeding' within the meaning of Section 144 of the Code...........
