In State of Goa Vs. Metzi Cardozo and Ors., the High Court of Bombay held that at the stage of framing charge, what is required to be seen is that, whether there is sufficient material on record in the form of evidence which is such if not rebutted would warrant conviction of accused. At stage of framing charge, evidence cannot be gone into meticulously which has been precisely done by the learned Special Judge in the impugned order. All what is required at the stage of framing charge is whether prima facie case is made out and it is not necessary to go into merits of the case. It is not necessary to give reasons while framing the charge. It is immaterial whether a case is based on direct or circumstantial evidence.
Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law
Cause Title : Bhagwant Singh vs Financial Commissioner (Appeals) Punjab, Chandigarh, CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh Date of Judgment/Order : 31.08.2022 Corum : Hon’ble Mr. Justice Sudhir Mittal Background A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties. On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings h...
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