Criminal Procedure Code, 1973, Section 319 -- Faulty investigation - Additional evidence - Case registered against investigating officer for accepting huge bribe from accused to favour him - Some of material witnesses not examined during investigation - Material scientific evidence was kept away from court and some of witnesses were either improperly given up or resiled..........
Criminal Procedure Code, 1973, Section 156 -- Police officer who registers crime should not investigate the case as investigation thus made cannot be said to be fair and impartial which causes serious prejudice to accused - Investigation made by same police officer who registered crime - Entire proceedings including conviction followed by sentence vitiated - Accused..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, 6, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile in conflict with law - Murder case - Imposition of life imprisonment - Appellant did not raise plea of juvenility either before trial Court or before High Court - Appellant raised claim before Supreme Court..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, 6, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile in conflict with law - Murder case - Imposition of life imprisonment - Appellant did not raise plea of juvenility either before trial Court or before High Court - Appellant raised claim before Supreme Court..........
Criminal Procedure Code, 1973, Section 41 -- Arrest without warrant - For ensuring that police officer do not arrest accused unnecessarily and magistrate do not authorise detention casually and mechanically, Supreme Court issued the following directions: (a) All State Governments to instruct its police officers not to automatically arrest when a case u/s. 498-A IPC is..........
Stamp Act, 1899, Section 47A(1)(2) -- Registered sale deed - Determination of value or consideration - After lapse of three years of registration of sale deed, Sub Registrar referred the matter to Collector alleging that sale deed was registered at less than fixed rate - Fixed rate necessarily would be rate fixed by Divisional Magistrate - On basis of reference notice was..........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54 -- Sale deed of immovable property less than Rs.100/- - Transfer of property can be by way of unregistered sale deed - However, execution of such a sale deed has to be proved on record...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating, transferring, making alterations/raising construction on suit property - Plaintiff failed to make out existence of prima facie case, balance of convenience and irreparable loss so as to entitle him to temporary injunction in relation to suit property -..........
Will -- Suspicious circumstances - Beneficiary took steps for preparation of Will - It was possible to get the document registered but not registered - It was not necessary but verification of senior clerk of Tahsil Office obtained on the Will - No relative of testator used as attesting witness - Beneficiary signed even for identification before Senior Clerk of Tahsil..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in lodging - Occurrence took place at 5.00 a.m. - Statement of complainant recorded at 10.00 a.m. and FIR registered at 10.40 a.m. - Police station at a distance of 10 kms from the place of occurrence - `S' lost her life and her mother sustained injuries on her head - In such a situation, primary duty of persons..........
