Criminal Procedure Code, 1973, Section 313 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.351) - Examination of accused u/s 313 Cr.P.C - Court is entitled to secure the assistance of public prosecutor and advocate representing the accused to prepare the questions to be put in the examination u/s 313 Cr.P.C - A Public Prosecutor has to play an active role in ensuring that..........
Criminal Procedure Code, 1973, Section 24, 304 -- Role of Public Prosecutor and appointment of legal aid lawyers - Directions issued: (i) It is the duty of Court to ensure that proper legal aid is provided to an accused; (ii) When an accused is not represented by an advocate, it is duty of every Public Prosecutor to point out to Court requirement of providing him free..........
Arms Act, 1959, Section 17 -- Arms License - Cancellation - License of petitioner cancelled on the ground that he used the weapon at public place in contravention of R.32 of Arms Rules - However, neither place where firing took place has been defined nor date or time has been defined by licensing authority or appellate authority - There is no admission on the part of..........
Revenue records -- Revenue records are public documents maintained by government officials in the regular course of duties and carry a presumption of correctness u/s 35 of Evidence Act - Revenue entries do not by themselves confer title, they are admissible as evidence of possession and can support a claim of ownership when corroborated by other evidence. (Evidence Act,..........
Indian Penal Code, 1860, Section 354C -- Offences u/s 354-C IPC - If a woman normally appears in a public place or private place not in circumstances where she would usually expect, any other person if either see or captures her image, same in no way, affect her privacy by exposing the genitals, posterior or breasts are exposed or covered only in underwear etc., no offence..........
Arbitration and Conciliation Act, 1996, Section 11, Public Premises (Eviction of Unauthorised Occupants) Act, 1971 -- Arbitration proceedings - Public Premises Act neither bars nor overlaps with the scope and ambit of proceedings initiated under the Arbitration and Conciliation Act...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - PWs repeatedly continued to either absent themselves or file adjournment applications and only insisted for deciding the application u/s 319 Cr.P.C first and only thereafter trial could proceed - Complainant has no such mandatory right to insist that an application be decided in such a manner -..........
Indian Penal Code, 1860, Section 341, 294(b) -- Offence u/ss 341, 294(b) IPC - Prosecution materials do not suggest that minor was abused in or near any public place or what is the word used to abuse him - Similarly, wrongful confinement dealt u/s 341 IPC also could not be read out from the prosecution records - Therefore, offences punishable u/ss 294(b), 341 IPC are not..........
Election -- Removal from the post of Sarpanch - Disqualification on the ground of encroachment on government land - No credible and convincing material on record to substantiate the allegations of encroachment of government land by appellant before or post her election as Sarpanch - Even, no objection raised regarding such encroachment at the time of filing nomination..........
Indian Penal Code, 1860, Section 364, 302, 34 -- Kidnapping and murder - Testimonies of eye witnesses - Natural presence of eye witnesses at the place of occurrence is under serious doubt, as naturally present public persons were not examined as witnesses - Conduct of eye witnesses also appears to be unnatural considering that they were all relatives of deceased - Evidence..........
