account
(b) of any error, omission, irregularity in the charge including any misjoinder of charges "
We are not inclined to agree with the contention ... that the misjoinder of charges means only the improperly charging of the same person or persons with more than one offence; in our view this
Nasib Singh vs The State Of Punjab on 8 October, 2021
Equivalent citations: AIRONLINE 2021
ground of any error, omission or
irregularity in the charge including any misjoinder of charge, unless,
in the opinion of the court of appeal, confirmation ... ground of any error, omission or irregularity in the charge including
any misjoinder of charges, unless, in the opinion of the Court of appeal,
confirmation
also stated that the suit of the plaintiff be dismissed for misjoinder
and non joinder of necessary party as the plaintiff did not implead ... also stated that the suit of the plaintiff be dismissed for misjoinder and non
joinder of necessary party as the plaintiff did not implead
Code of
Criminal Procedure (Amendment) Act XXVI of 1955, where
misjoinder of charges has been placed in the curable
category, will set at rest
case where points relating to
errors in framing of charge or even misjoinder of
charge are raised before this Court for the first
time, such ... report
as follows:-
"It was, however, urged that there had
been misjoinder of charges. This point does
not seem to have been urged
that, if Section 233 is mandatory, that put of it which prohibits misjoinder except in the cases mentioned in Sections ... Cheemalapati Ganeshwara Rao , the view taken was that in cases of misjoinder of charges if objection is not taken by the trial Court, the High
error omission or irregularity in the charge, including any misjoinder of charges.
In substance by the amendment it is provided that a misjoinder ... been held on a charge which is vitiated not on account of misjoinder of charges, but on the score of failure to comply with
appellant should not suffer any prejudice by reason of
misjoinder of charges.
(ii) A conviction for lesser offence is permissible.
(iii) It should not result ... failure of justice.
(iv) If there is a substantial compliance, misjoinder of charges may
not be fatal and such misjoinder must be arising
appellant should not suffer any prejudice by
reason of misjoinder of charges.
(ii) A conviction for lesser offence is permissible.
(iii) It should not result ... failure of justice.
(iv) If there is a substantial compliance, misjoinder
of charges may not be fatal and such misjoinder must be arising
