Criminal Procedure Code, 1973, Section 145, 146 -- Police submitted report regarding existence of situation likely to cause breach of peace due to dispute regarding possession of properties - Magistrate after issuing notice to both the parties, prohibited them from using properties and directed them to maintain status quo - Held, under section 145 Cr.P.C. no interim order..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 92 - - Suit against trust - Leave to institute - Conditions precedent to attract S.92 of CPC - Held, suit must concern to a Trust for public purpose of religious and charitable nature - Suit must be of a representative character to enforce public rights as against individual interest of plaintiff - Suit must be by..........
Criminal Procedure Code, 1973, Section 439 -- Cancellation of bail - Accused convicted by trial court under Section 420 IPC - Accused filed appeal and granted bail - Accused did not appear on one date and bail cancelled - High Court granted interim bail - Petitioner directed to surrender before the lower appellate court on the next day - Lower appellate directed to grant..........
Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 304 -- Part II, Probation of Offenders Act, 1958, Section 4 - Probation - Accused convicted under section 304 Part II IPC for causing death - Held, benefit of probation cannot be given to the convict - Convict 17 years of age at the time of incident - Convict already undergone 9 months and 3 days..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, Criminal Procedure Code, 1973, Section 313 -- Recovery of poppy husk - Conscious possession - Charge and statement u/s 313 Cr.P.C state that accused found in possession of contraband, recovery was effected and sample drawn - Requirement of law fulfilled - Immaterial if word `conscious possession' missing..........
Criminal Procedure Code, 1973, Section 2(n), 3(38) -- Offence - Meaning - Offence means `an act or instance of offending', `commit an illegal act' and illegal means, `contrary to or forbidden by law'- 'Offence' has to be read and understood in the context as it has been prescribed under the provisions of Sections 40, 41 and 42 IPC which cover the offences punishable under..........
Criminal Procedure Code, 1973, Section 207 -- Supply of copies to accused when proceedings are instituted on a police report free of cost viz. (i) The police report; (ii) The first information report recorded u/s 154 Cr.P.C. (iii) Statement recorded u/s 161(3) Cr.P.C.; (iv) The confessions and statements, if any, recorded under section 164; (v) Any other document or..........
Criminal Procedure Code, 1973, Section 208 -- Supply of copies of document to accused when a case is triable by Court of Sessions instituted otherwise than on a police report - Copy of following documents be supplied free of cost to accused : (i) The statements recorded under section 200 or section 202, or all persons examined by the Magistrate; (ii) The statements and..........
Evidence Act, 1872, Section 165, Criminal Procedure Code, 1973, Section 311 -- Recall and re-examination of a witness - Power of the Court u/s 165 of Evidence Act is in a way complementary to its power u/s 311 of Cr.P.C. - The section consists of two parts i.e. (i) giving a discretion to the Court to examine the witness at any stage and (ii) the mandatory portion which..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - FIR lodged u/ss 419, 420, 467, 468, 471 read with Section 120-B IPC - Prosecution allegation that petitioner allegedly forged power of attorney of his brother who died in the hospital - Some other persons impersonated himself in place of deceased - Petitioner got the sale deed executed in connivance with..........
