Criminal Procedure Code, 1973, Section 407 -- Transfer of Murder Trial - Murdered persons parents of practising Advocate - Transfer of Trial sought on alleged pressure of members of Bar on Presiding Officer - No resolution by Bar, nor any pressure exerted on presiding officer - Mere apprehension that members of Bar are likely to exert pressure upon Presiding Officer in..........
Criminal Procedure Code, 1973, Section 379 -- Review of evidence by appellate Court in a case of acquittal - In case admissible evidence is ignored while acquitting an accused then a duty is cast upon Appellate Court to re-appreciate the evidence for the purpose of ascertaining as to whether any of the accused really committed any offence or not...........
Consumer Protection Act, 1986, Section 13(4)(iii) -- Insurance claim -Affidavit - Evidentiary value - Affidavits sworn on oath before a Notary that no amount was paid towards fare - The vehicle was lent to the persons on humanitarian grounds for taking dead body of their relatives - The affidavit will have precedence over the statement recorded by the police - Record of..........
Consumer Protection Act, 1986, Section 3, 13 -- Additional remedy - Procedure - Banking service - Withdrawal of amount from the savings bank account of the respondent twice which she denied - Plea that criminal case in matter still pending hence complaint premature repelled - Proceedings under CP Act are in addition to and not in derogation of any law for the time being in..........
Criminal Procedure Code, 1973, Section 267, 73 -- Production warrant - Accused already under remand - If another case is registered against him in another Magistrate's Court then that Magistrate is justified in issuing production warrant for the purpose of investigation in that case...........
Criminal Procedure Code, 1973, Section 154, 156, 190, 200, 202 -- FIR lodged - Inspite of that police not taking action - Remedies available - In that event complaint is to be filed - Magistrate then to enquire into the complaint - In case a prima facie case is made out then to take cognizance and issue process or direct police to investigate and submit report - In case no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, 15 -- Criminal Procedure Code, 1973, Section 313 - Search and seizure -Conscious possession - Presumption - Recovery of 23 bags of poppy husk from a truck and the appellant was on the steering of the truck - Two persons were allegedly sitting on the bags, one ran away from the spot after seeing the..........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 420, 467, 120B -- Re-investigation - Power of Magistrate - Case registered against petitioners for offence under Sections 420, 467 and 120-B IPC - Negative report submitted by police after completion of investigation - Magistrate directed IO to carry out further investigation in a particular..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Complaint/Information disclosing cognizable offence - Police is under statutory duty to register FIR - Police Officer cannot undertake a preliminary inquiry before registration of the case - If complaint is found to be false Police may start proceedings u/s 182 Cr.P.C...........
Insurance claim -- Life insurance - Double accident benefit - Series of criminal cases filed against deceased-insured - His killing by shooting him in the ear as also in the ribs, leaves not doubt that this was a murder by design and intent rather than a case of accident murder - It shall not fall within the term `accident' - State Commission rightly disallowed the..........
