Criminal Procedure Code, 1973, Section 327, 328, Indian Penal Code, 1860, Section 302, 304 -- Charge sheet submitted u/s 302 IPC - Sessions Judge framed charge u/s 304 IPC and declined to frame charge u/s 302 IPC - No reasons assigned for the same - Held, when charge under a particular Section is dropped or diluted, some minimum reasons are expected to be recorded..........
Criminal Procedure Code, 1973, Section 172 -- Case diary in connection with the missing complaint - It was in the form of loose papers tagged together - It was not even paginated - Held, Section 172 (1-B) of the Code as amended mandates that diary shall be in volume and duly paginated - Direction issued to all concerned to adhere the mandate...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Discharge of accused sought by police - Legality of - Held, when a person is summoned under Section 319 of the Code by the Trial Court to face trial as an additional accused, police has absolutely no right to ask for the discharge of the accused simply because police has not found him involved in the..........
Criminal Procedure Code, 1973, Section 164 -- Confession - Principles governing - (i) The provisions of Section 164 Cr.P.C. must be complied with not only in form, but in essence; (ii) Before proceeding to record the confessional statement, a searching enquiry must be made from the accused as to the custody from which he was produced and the treatment he had been receiving..........
Criminal Procedure Code, 1973, Section 313 -- Statement u/s 313 Cr.P.C. - Object - Held, S.313 Cr.P.C. has been provided to give accused a fair chance to explain his stand with regard to circumstances in evidence which have been collected against him and has come on record during trial - This provision has been cautiously incorporated in the Code so that accused gets a..........
Criminal Procedure Code, 1973, Section 225,24(8) -- proviso - Question whether trial can be conducted by advocate of original complainant or victim - Held, effect of Section 225 of the Code will be diluted if advocate of original complainant or victim is permitted to conduct trial - Trial can be conducted only by public prosecutor...........
Consumer Protection Act, 1986, Section 21(b) -- Revision petition - New plea - No new ground can be permitted to be taken at the stage of revision. (Para 5) Consumer Protection Act, 1986, Sections 2(1)(b)(iv), 2(1)(r), 12(1)(c), 13(6) and 14(a) to (i) - Civil Procedure Code, 1908, Order 1 Rule 8 - Cold drink - Excess charge - Unfair trade practice - Representative..........
Consumer Protection Act, 1986, Section 21(b) -- Revision petition - New plea - No new ground can be permitted to be taken at the stage of revision. (Para 5) Consumer Protection Act, 1986, Sections 2(1)(b)(iv), 2(1)(r), 12(1)(c), 13(6) and 14(a) to (i) - Civil Procedure Code, 1908, Order 1 Rule 8 - Cold drink - Excess charge - Unfair trade practice - Representative..........
Civil Procedure Code, 1908, Section 92 -- Conditions required to be satisfied in order to apply S.92 of the Code are : (a) There is a trust created for public purpose of a charitable or generous nature; (b) There is a breach alleged of such trust, or the direction of the Court is necessary for the administration of such trust; (c) The suit must be a representative one on..........
Criminal Procedure Code, 1973, Section 167(2) -- Bail - Detention beyond period of 180 days - Contraband substance allegedly recovered from the accused falls within the meaning of commercial quantity - Discretionary power vests in Special Judge under NDPS Act - Period of limitation for completing investigation and initiation of complaint 180 days when reckoned from the..........
