Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Object of - Held, one of the main objects of recording of a statement under this provision of Cr.P.C. is to give an opportunity to accused to explain circumstances appearing against him as well as to put forward his defence, if accused so desires - But once he does not avail this opportunity, then..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object - Proof of - There was criminal litigation pending between deceased and accused `S' and `Y' - Other accused `A' is bother-i, law of these accused - All five accused were armed with deadly weapons - Accused `S', at the time of incident, exhorted other accused, "Kill him. He is the bone of contention" -..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Object of - Held, one of the main objects of recording of a statement under this provision of Cr.P.C. is to give an opportunity to accused to explain circumstances appearing against him as well as to put forward his defence, if accused so desires - But once he does not avail this opportunity, then..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Summary trial - Procedure to be followed - Held, when a case is tried as summary case, Magistrate who succeeds Magistrate who had recorded part or whole of evidence cannot act on such evidence recorded by his predecessor - In present case, it is not in..........
Criminal Procedure Code, 1973, Section 154 -- Cognizable Offence - Registration of FIR - Two divergent views of Supreme Court - One view that in case of cognizable offence SHO is bound to register FIR and other view that it is open to SHO before registering FIR to conduct an enquiry - Matter referred to Constitutional Bench to have clear enunciation of law...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Summary trial - Evidence recorded by two Magistrates - Acquittal - When a case is tried as a summary case a Magistrate, who succeeds the Magistrate who had recorded the part or whole of the evidence, cannot act on the evidence so recorded by his predecessor..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Summary trial - Delivering of judgment - Judgment was not delivered by Magistrate who recorded evidence - Judgment was delivered by his successor relying upon evidence adduced by his predecessor - Held, impugned judgment liable to be set aside - Case..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - False alternative case - Imposition of exemplary costs - Held, taking an alternative case is permitted under law - Alternative case taken up by defendants was found to be utterly false hence exemplary and compensatory costs should have been imposed upon defendants No.1 & 2 - Second appeal dismissed but costs of..........
Criminal Procedure Code, 1973, Section 209 -- Committal of case by Magistrate - Non-compliance - Failure of justice - Held, because of restricted role assigned to Magistrate at the stage of commitment under the Code, no, compliance of same and raising of any objection in that regard after conviction attracts applicability of principle of `failure of justice' and..........
Goa Panchayat Raj Act, 1994, Section 10(f) -- Panch - Disqualification - Money acquired by appellant's husband from contract with Village Panchayat - Whether appellant has indirect share or monetary interest therin - Held, money acquired by appellant's husband is `community property' - Appellant has indirect share, or, in any case, monetary interest in contract awarded to..........
