Criminal Procedure Code, 1973, Section 190 -- After taking cognizance Magistrate can adopt any of the alternatives viz. (a) He can peruse the complaint and if satisfied that there are sufficient grounds for proceeding he can straightaway issue process to the accused but before he does so he must comply with the requirements of Section 200 and record the evidence of the..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Law as to - Summed up : (i) Power to summon an accused is discretionary and extra-ordinary power, which should be exercised sparingly and only if compelling reasons exist at any stage of case; (ii) The order passed under Section 319 of the Code of Criminal Procedure summoning an additional accused should..........
Border Security Force Act, 1968, Section 2(1)(a) -- Active service - Use of word `Includes' - Held, use of expression `includes' enlarges meaning of word `active duty' and, therefore, it shall not only mean duty specified in section but those duty also as declared by Central Government in Official Gazette...........
Evidence Act, 1872, Section 113B, Indian Penal Code, 1860, Section 304B -- Dowry death - Presumption - To be raised on proof the essentials viz. - (1) The question before the court must be whether the accused has committed the dowry death of a woman. (This means that the presumption can be raised only if the accused is being tried for the offence under Section 304-B IPC);..........
Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 2, 3 -- Dowry - Under Section 304-B `dowry' has the same meaning as in S.2 of the Dowry Prohibition Act which mean that `any property or valuable security given or agreed to be given either directly or indirectly at or before or any time after the marriage and in connection with the marriage of the..........
Right to Information Act, 2005, Section 8(1)(g) -- Exemption from disclosure of information - Expression `for law enforcement or security purposes' - To be read ejusdem generis only to the expression `assistance given in confidence' and not to any other clause of the section - S.8(1)(g) is complete in itself and cannot have any reference to the expression `assistance given..........
Power of Attorney -- Meaning - An Attorney is one who is put in the place of another - He can also be called as an `Agent' as he acts for another - In short, an `Attorney' is one who is appointed by another person to do anything in his absence - As per Section 182 of the Indian Contract Act, 1872, an `Agent' is a person employed to do any act for another or to represent..........
Criminal Procedure Code, 1973, Section 202 -- Accused residing outside jurisdiction of Court - Court failed to carry out an enquiry or ordered investigation as contemplated under the amended section of 202 Cr.P.C. - Held, complaint not to be quashed - Complaint has to be remitted with a direction to Magistrate to pass fresh order following the provision of S.202 of the..........
Criminal Procedure Code, 1973, Section 432, 433A -- Power of government to remit sentence - Scope - Held, S.432 has limited application to convict - Remission can be granted u/s 432 of Cr.P.C. in the case of a definite term of sentence - This section will come into play only if convict is to be given an "additional" period of remission for his release i.e. a period in..........
Criminal Procedure Code, 1973, Section 82(1), 82(4) -- Proclaimed person and proclaimed offender - Distinction is only in context to the mode of declaration of an absconder as "proclaimed offender" - A "statement in writing" by Court issuing the proclamation to the effect that proclamation was duly published on a specific day in manner specified in clause (i) of..........
