Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 354, 506, 451 -- Delay in lodging FIR - Offence u/ss 354, 506, 451 IPC - There is a considerable delay in the registration of FIR which goes to show that a story has been created to implicate accused for some ulterior motive - Occurrence took place purportedly at about 2.00/2.30 A.M. in the night..........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - Following principles emerge for permissibility of registration of second FIR: (i) When second FIR is counter-complaint or presents a rival version of a set of facts, in reference to which an earlier FIR already stands registered; (ii) When ambit of two FIRs is different even though they may arise from the same set..........
Mutation -- On basis of un-probate Will - Directions issued to Revenue-cum-Tahasildars relating to mutation of records on basis of un-probated Wills in Gadajat areas of State of Odisha (those were under ex-princely State, viz. (i) Revenue Authorities including Tahasildars and others, those are dealing with mutation cases in areas inside State of Odisha (those were under..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Registration - Adoption can be by way of a registered deed or even without it - However, an act of giving and taking in adoption has to be performed by both the parties namely, biological parents and the adoptive parents...........
Indian Penal Code, 1860, Section 304(Part I), 304A -- Nature of offence - Appellant being qualified medical practitioner instructed staff nurse to administer an injection over telephone which injection when administered to patient, apparently reacted resulting into his death - Registration of FIR u/s 304(Part I) IPC and subsequent submission of police report u/s 173(2)..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Mere mis-description of make of vehicle could not have been treated as consistency or a ground to dismiss the claim petition itself, particularly when there is no change in the registration number of offending vehicle...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Mere mis-description of make of vehicle could not have been treated as consistency or a ground to dismiss claim petition itself, particularly when there is no change in registration number of offending vehicle...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of documents - Un-registered sale deed - When a document is inadmissible in evidence for want of registration, none of its terms can be admitted in evidence - Trial Court rightly refused to admit the document - Application rightly dismissed...........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 35 -- Unregistered document - If the document is required to be registered, an unregistered sale deed cannot be impounded with stamp duty and it cannot be received in evidence that unregistered sale deed cannot be relied upon for sale purpose...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Registration - Adoption deed is not required to be necessarily registered in law and only aspect required to be proved before any competent Court of law is whether conditions under the Act have been followed and whether adoption deed was executed validly...........
