Criminal Procedure Code, 1973, Section 319(4) -- Summoning of additional accused - Admissibility of evidence - Whether evidence admissible or not admissible - Same is subject matter of objection in denovo trial...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Material PWs categorically stated about the culpability of petitioner in their statements - Besides it, there was documentary evidence in the shape of some applications written by deceased to SSP - CCTV footage was also available to show presence of petitioner at the spot - All PWs identified..........
Criminal Procedure Code, 1973, Section 438, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3, 4 -- Anticipatory bail in an offence u/ss 3, 4 of Act of 1989 - Not permissible in view of an express bar u/s 18 of Act of 1989 - However, summoning Court can grant bail on merits to which there is no statutory bar...........
Criminal Procedure Code, 1973, Section 193 -- Summoning of additional accused - Sister of deceased who first reached place of occurrence did not name either of petitioners as an assailant - Even injured and independent witness not named the petitioners - Prosecution not gave any such evidence which convinced Court to record a satisfaction of existence of prima facie..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860 -- Summoning of additional accused - Material contradictions in the statements of PWs regarding manner in which incident took place - Ex-facie after testing evidence and material available on record is not such which can convince the Court regarding existence of evidence stronger than that required to..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Failure to pay loan amount - Since judgment and decree in civil suit has attained finality between same parties with respect to same transaction and counsel of petitioner has not argued case on merit, plea taken by petitioners in..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306 -- Summoning of additional accused - Offence u/s 306 IPC - No evidence on record till now that petitioners, on any particular date, time and place harassed the deceased - General allegations against petitioners were levelled by wife of deceased - Mere fact that complainant gave statement to..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 304B, Evidence Act, 1872, Section 32(1) -- Summoning of additional accused - Dying declaration - Dowry death - It is apparent from FIR that specific allegation of demand of dowry is only against husband and not against any other person - Dying declaration of deceased recorded by Judicial..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons by Munadi and registered post - A satisfaction has to be recorded by trial Court before resorting to substituted service that defendant cannot be served by means of ordinary post - No such satisfaction was recorded and straightaway process of Munadi was resorted besides..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - When said person not named in charge-sheet - Power of Court - Provision of S.319 Cr.P.C. can be invoked even where name of person is in FIR yet no charge-sheet is filed against him...........
