Bharatiya Nagarik Suraksha Sanhita, 2023, Section 215 -- Offence u/s 215 BNSS - Police officer cannot directly register a crime for offence u/s 215 BNSS once the offence is committed in or in relation to a proceeding in Court - Court has to cause preliminary enquiry as per S.379 BNSS and then can make a complaint in writing...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 379, 215 -- Impersonation of surety - Court not made any enquiry nor recorded any prima facie satisfaction and has simply directed police authorities to carry out an investigation and submit a report before Court - Though Court in its discretion could have directed police authorities to investigate the matter and to furnish..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court at the stage of considering application u/s 482 Cr.P.C. cannot embark upon a roving trial as to reliability, genuineness or otherwise correctness of allegations made in FIR and materials collected during investigation by investigating officer...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), (s), Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3(1)(r), (s) of the Act - Quashing of proceedings - Alleged incident occurred near graveyard situated in village which comes within public place and public view - Therefore, prima facie offence established u/s 3(1)(r),..........
Nominee -- Provident Fund - Death of employee - In cases of a valid nomination, amount in provident fund account of deceased depositor or subscriber is required to be released to nominee - However, nominee is a mere trustee to collect funds and not beneficial owner - Therefore, mere fact that amount is released to a valid nominee will not bar the objector or holder of..........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 101 -- (Bharatiya Sakshya Adhiniyam, 2023, S.104) - Suit for declaration of title - Burden of proof is always on plaintiffs to prove title by adducing cogent evidence to satisfaction of Court...........
Succession Act, 1925, Section 372 -- Succession certificate - Dispute regarding status of legally wedded wife - Rival claims - Parallel comprehensive suit for partition pending - It is not appropriate for High Court to decide status of parties in a summary proceeding - Parties to establish their legal status through evidence in the pending civil suit - Based on the decree..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Court cannot automatically acquit an accused under NDPS Act merely because witnesses did not turn up - Courts have power to compel attendance of witnesses using various provisions of Cr.P.C - Court must assess entire evidence presented and determine if prosecution has proved its case beyond a..........
Indian Penal Code, 1860, Section 279, 337, 304A -- Rash and negligent driving - PW39 has categorically stated that though vehicle was not driven in a high speed, if petitioner had driven the bus little more slower could have avoided accident - Evidence of PW39 is very much believable, cogent and inspires confidence of Court - There is culpable rashness and negligence on..........
Criminal Procedure Code, 1973, Section 313(1)(b) -- Examination of accused - In a warrants trial, it is duty of Court to put all material before accused, which is found to be against him while recording evidence of PWs - This could have been dispensed only in a summons case and not in a warrants case and if Court fails in its duty to put across material, which came against..........
