Criminal Procedure Code, 1973, Section 309, 167(2) -- Transfer of undertrial prisoner from one place to another - Power to remand or transfer of an undertrial prisoner from one jail to another is to be exercised by Court by passing a judicial order, obviously after providing opportunity of being heard and change in the place of detention would be permissible only with..........
Criminal Procedure Code, 1973, Section 200, Indian Penal Code, 1860, Section 499, 500 -- Issuance of process - Defamation - Magistrate has passed detailed order recording prima facie satisfaction that allegations in the newspaper would fall within expression of defamation u/s 499 IPC - To determine whether imputations are sufficient to attract provisions of S.499 IPC, a..........
Advocates/Bar Associations -- Redressal of grievances of Advocates/Bar Associations - Constitution of Grievance Redressal Committees - Directions issued viz. (i) No member of Bar can go on strike and/or abstain himself from Court working; (ii) If the member of Bar has any genuine grievance or difficulty being faced because of procedural changes in filing/listing of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance of accused - Magistrate has judicial discretion to dispense with personal appearance of an accused either throughout or at any particular stage of such proceedings in a summons case, if Magistrate finds that insistence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance of accused - Magistrate has judicial discretion to dispense with personal appearance of an accused - Trial Court directed to proceed in complaint without seeking personal appearance of accused subject to conditions that..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Submission of charge sheet before Court Sub-Inspector is not the same thing as submission before Court, because once it is filed, it is to be taken on record by passing a judicial order...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Certified copies of documents, which form part of judicial record, sought to be produced by plaintiff - Relevancy and evidentiary value of documents shall be gone into by trial Court at the time of final arguments - Application allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Small quantity - Sentence - Accused was arrested in 2021 and he remained in judicial custody till conclusion of trial and thereafter is undergoing sentence - Since accused has already undergone much more sentence than could be inflicted upon him, accused is ordered to be released..........
Evidence Act, 1872, Section 24 -- Extra judicial confession - Evidentiary value of extra judicial confession depends on person to whom it is made...........
Evidence Act, 1872, Section 24 -- Extra judicial confession - Generally it is a weak piece of evidence - However, a conviction can be sustained on the basis of extra judicial confession provided it is proved to be voluntary and truthful and free of any inducement - Evidentiary value of extra judicial confession also depends on the person to whom it is made...........
