Civil Procedure Code, 1908, Section 80 -- Notice - Suit against Govt. and private defendant - A notice under Section 80 of the Code, only 15 days time was given and not 60 days as required under law - However, suit filed after 60 days - Held, error of 15 days instead of 60 days should have been ignored in view of S.80 (3) of Code especially when in notice plaintiff has..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b) -- Seizure of contraband - Contraband weighed by taking weighing scale from nearby shop - Owner of shop not called during trial - Weighment scale not produced - Held, weighment is not properly proved - Accused should be treated as an offender for the smallest quantity - Conviction u/s 20 (b) (ii) (C)..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 35, 54, Criminal Procedure Code, 1973, Section 315 -- Recovery of charas - Conscious possession - Charas recovered from car driven by accused - Co-accused took lift in the car - Both the accused were knowing each other - Held, once recovery is effected, it has to be presumed that the accused was in conscious..........
Criminal Procedure Code, 1973, Section 313, Evidence Act, 1872, Section 3 -- Statement of the accused under Section 313 Cr.P.C. - - It cannot be treated as evidence within meaning of S.3 of Evidence Act - It can be used to appreciate the truthfulness or otherwise of the case of the prosecution...........
Criminal Procedure Code, 1973, Section 195 -- Mandatory in nature - Is an exception to Section 190 CrPC which says that any person can set the law in motion by making a complaint - To make Section 195 applicable, there has to be a complaint by public servant whose lawful order has not been complied with - In the absence of such a complaint, trial and conviction will be..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Complainant resiled before commencement of trial - High Court quashed FIR - Held, High Court was not justified in quashing the FIR - Ordinarily, the Court of Sessions is empowered to discharge an accused under Section 227 of CrPC even before initiating trial - The accused can therefore move the trial court..........
Criminal Procedure Code, 1973, Section 173 -- Investigation - Murder case - Charge sheet submitted after investigation - High Court found charge sheet as one sided and biased - Ordered fresh investigation by independent agency - Order of High Court upheld - Held : (a) Fair investigation like fair trial is a constitutional right guaranteed under Articles 20 and 21 of..........
Civil Procedure Code, 1908, Section 148, M.P.Accommodation Control Act, 1961, Section 12(1)(k) -- Whether court can extend time beyond 30 days as stipulated under Section 148 CPC - Held, Yes - Inherent powers of the court to pass order necessary for meeting the ends of justice and preventing abuse of the process of the court cannot be taken away by putting an upper limit..........
Criminal Procedure Code, 1973, Section 173(3), 173(8), 482 -- Murder case - Charge sheet submitted in the court after the completion of investigation - Case pending trial in the court of Sessions Judge - Father of the accused filed petition in the High Court under Section 482 that investigation was not fair - High Court sought report of DGP about the fairness of..........
Criminal Procedure Code, 1973, Section 173(3), 173(8) -- Further investigation and re-investigation - Distinction - Re-investigation is forbidden in law and no superior court would ordinarily issue such a direction - However, further investigation is permissible under Section 173(8) Cr.P.C...........
