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ORISSA HIGH COURT

Year of decision: 2013
Details

Criminal Procedure Code, 1973, Section 161 -- Statement recorded u/s 161 Cr.P.C. - Not substantive evidence - Trial Court committed serious illegality by relying upon the statement recorded u/s 161 Cr.P.C...........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 161 -- Dying declaration - Validity - Deceased had sustained grievous injuries on vital parts of his body - His statement was recorded by Investigation Officer u/s.161 Cr.P.C. - Deceased succumbed to injuries after about 24 hours - Doctor opined that in spite of nature of injuries sustained deceased was..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Air Force Act, 1950, Section 39(a), 161(1), 164 -- Court-martial - Sentence of imprisonment - Setting off pre-trial detention against sentence - Held, pre-trial detention cannot be set off against sentence of imprisonment passed by Court-martial for offence u/s.39(a) which has been affirmed u/s.161(1) of the Act and period of sentence shall commence from date when original..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Air Force Act, 1950, Section 39(a), 161(1), 164 -- Pre-trial detention - Set off against term of imprisonment - Absence of provision in Act - Held, it is recommended that Govt. should consider to incorporate such provision in Act so that hardships faced by persons convicted by Court-martial are avoided...........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Evidence Act, 1872, Section 145, 146, Criminal Procedure Code, 1973, Section 161 -- `Previous statement' - Cannot be extended to include statement made by a witness after filing of charge sheet - Held, statement made by a witness in a television interview after filing of charge sheet cannot be used to confront him at time of cross examination...........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Constitution of India, 1950, Article 72, 161 -- Power of clemency - Exercise of - Held, power vested in President u/Art.72 and Governor u/Art.161 of the Constitution is manifestation of prerogative of State - It is neither a matter of grace nor a matter of privilege, but is an important constitutional responsibility to be discharged by highest executive keeping in view..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Constitution of India, 1950, Article 72, 161 -- Mercy petition - Disposal of - Ground of undue delay - Held, all factors have to be taken into consideration by President or Governor while deciding a petition filed u/Art.72 or 161 of the Constitution - Exercise of power by President or Governor not to entertain prayer for mercy in such cases cannot be characterized as..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Constitution of India, 1950, Article 72, 161, 226, 32 -- Mercy petition - Decision of President/Governor - Judicial review - Held, while examining challenge to decision taken by President u/Art.72 or Governor u/Art.161 of the Constitution, Court's power of judicial review of such decision is very limited - Court can neither sit in appeal nor exercise power of review, but..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Criminal Procedure Code, 1973, Section 161 -- Omission to state a fact in statement u/s 161 Cr.P.C. - May amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact...........

CALCUTTA HIGH COURT

Year of decision: 2013
Details

Criminal Procedure Code, 1973, Section 161, 162(1), Evidence Act, 1872, Section 145 -- Statement of witness in court - If statement of witness is contrary to previous statement recorded u/s.161 Cr.P.C or suffers from omission of certain material particulars, then previous statement can be proved by examining the Investigating Officer who recorded the same - Before the..........

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