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Delhi High Court noted that the trial in the instant case is at a very initial stage and charges have not been framed yet by the Trial Court, and there are 34 prosecution witnesses to be examined who are prone to influence and pressure.
“The Investigating Officer becomes functus officio when charge sheet is filed after investigation, unless there will be further investigation under Section 173(8) of the Criminal Procedure Code, 1973.”
“The objective for ‘further investigation’ is to find the truth and bring evidence on record for ensuring substantial justice. However, this right does not extend to mere ‘reinvestigation’ or ‘fresh investigation’ to be started ab initio.”
Calcutta High Court emphasised the need for the trial court to adhere to legal procedures and directed to proceed with the trial from the date preceding the date of the order under revision.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on mortgage transaction.
The Calcutta High Court highlighted the importance of adhering to the legislative intent behind Rule 6A of Order 8 CPC to avoid multiplicity of proceedings and ensure speedy trial.
The Calcutta High Court clarified that rejection of the plaint is not warranted based on allegations of collusion or lack of cause of action, which are factual issues to be determined during the trial.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on claim of adverse possession.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on rescinding partition on ground of fraud.
The Supreme Court held that the Court cannot be limited only to two punishments, one a sentence of imprisonment, for all intents and purposes, of not more than 14 years and the other death.
Issuance of process is a serious matter and should reflect application of mind on the part of the Magistrate, though it is not incumbent upon the Magistrate to explicitly state the reasons for issuance of process.
Supreme Court noted that the bail application was rejected as the accused did not appear before the Trial Court.
“A brother for a sister is a protector, confidant and a lifelong friend. They share a unique bond that nothing can replace. A sister is a treasure beyond measure for the brother whereas a brother is a hero in disguise and a role model for the sister”.
“This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Transfer of Property Act, 1882.”
The Trial Court observed that the victim was very young at the time of the incident and minor contradictions could not be a ground to disbelieve her testimony.”
It was alleged that during his tenure as Prime Minister, Imran Khan had deliberately concealed the details of the gifts he retained from the Toshakhana.
This report covers the Supreme Court's Never Reported Judgment dating back to the year 1951 on breach of contract.
“It is not the case of the prosecution that trial is being delayed because of the conduct of the accused but it is a case where the victim is avoiding stepping into the witness box.”
Trial Court is not barred from granting maintenance from the date of the order if there are circumstances and reasons for doing the same
Allahabad High Court observed that the technical and scientific report of the Archaeological Survey of India has opened ways for carrying out scientific investigation of the site / Shivlingam without causing any damage to the structure in question