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..........
Indian Penal Code, 1860, Section 511 -- Commission of an offence and attempt to commit such offence - First step is intention then preparation to commit the offence then move towards the commission of offence - If he succeeds, he commits the offence and if he does not succeed, he only attempts to commit the offence for which he can be punished with the aid of Section 511..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Consequences of 'cruelty', which are either likely to drive a woman to commit suicide or to cause grave injury, danger to life, limb or health, whether mental or physical of the woman or the harassment of a woman, where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand..........
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;..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption under Section 113-B of Evidence Act operate if prosecution is able to establish circumstances set out in S.304-B of IPC...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - Once a membership of an unlawful assembly is established, it is not incumbent on the prosecution to establish any specific overt-act to any of the accused for fastening of liability with the aid of section 149 of the IPC - Commission of overt-act by each member of the unlawful assembly is not..........
Indian Penal Code, 1860, Section 300 -- Exception 4 - For bringing in operation of Exception 4 to Section 300 IPC, it has to be established that the act was committed without premeditation, in a sudden fight in the heat of passion upon a sudden quarrel without the offender having taken undue advantage and not having acted in a cruel or unusual manner...........
