Criminal Procedure Code, 1973, Section 300 -- Discharge of accused - Second Trial - Permissibility of - Held, in terms of S.300 of the Code of Criminal Procedure, 1973 a person once convicted or acquitted by a Court of competent jurisdiction shall not be liable to be tried again for the same offence, nor on the same facts for any other offence - But dismissal of a..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance - Can be said to have taken only when Magistrate applies his mind to the contents of the complaint which must have been done so for the purpose of proceeding u/s 200 and the provisions following that section - Where, however, Magistrate applies his mind only for ordering an investigation u/s 156(3) or issues a..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance - Can be said to have taken only when Magistrate applies his mind to the contents of the complaint which must have been done so for the purpose of proceeding u/s 200 and the provisions following that section - Where, however, Magistrate applies his mind only for ordering an investigation u/s 156(3) or issues a..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Expression, `official duty' - Meaning of - Held, use of the expression, `official duty' implies that the act or omission must have been done by public servant in the course of his service and that it should have been in discharge of his duty - Section does not extend its protective cover to every act..........
Civil Procedure Code, 1908, Section 24, 25 -- Transfer of a case - There is no strait jacket formula - Some of the illustrative but not exhaustive considerations are : balance of convenience or inconvenience to plaintiff or defendant or witnesses; convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Object of S.311 - Held, main object underlying S.311 of the Code is that there may not be failure of justice on account of mistake of either party in bringing valuable evidence on record or leaving ambiguity in statements of witnesses examined from either side - Determinative factor is whether it is..........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - The illustrative categories indicated by this Court are as follows: (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused;..........
Civil Procedure Code, 1908, Order 7, Rule 1 -- Petition and plaint - Difference - O.7.R.1 CPC prescribes what a plaint should contain but no section or order or Rule of CPC prescribes as to what a petition should contain - On the other hand, CPC does not say that the ingredients required for plaint are the ingredients for petition - Therefore, a petition is completely..........
Fatal Accidents Act, 1855, Section 1(a) -- Torts - Criminal Procedure Code, 1973, Section 340 - Damages -Suit for damages vis-`-vis proceedings u/s 340 Cr.P.C - Distinction - Suit for damages is civil remedy for claiming monetary compensation for the wrong done - Proceedings u/s 340 are criminal proceedings initiated by the Court for giving false evidence - No monetary..........
Criminal Procedure Code, 1973, Section 320(6), 401 -- Revision - Power to compound offences - Held, S.320(6) Cr.P.C. confers powers upon High Court and Sessions Court acting in the exercise of its powers of revision u/s 401 to allow any person to compound any offence which such person is competent to compound under this section...........
