Criminal Procedure Code, 1973, Section 207, 173 -- Documents - Accused is entitled to copies of (i) the police report, (ii) first information report, (iii) the statements recorded under Section 161(3) of all the persons whom the prosecution proposes to examine as its witnesses as mentioned in Section 173(5)(b), (iv) the confessions and statements recorded under Section 164..........
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..........
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..........
Criminal Procedure Code, 1973, Section 357 -- Compensation - Purpose enumerated in S.357(1)(b) is the same in S.357(3) - The difference being that in a case under sub-section 1, fine imposed forms part of the sentence, whereas, under sub section 3, compensation can be directed to be paid, when fine does not form part of the sentence...........
Uttar Pradesh Regulation of Money Lending Act, 1976, Section 18 -- Suit by money lender - Not completely barred - S.18 provides that no suit on the basis of any loan, agreement or security referred to in sub-section (1) of Section 15 shall be instituted by a money-lender, unless at the time of advancing such loan or making such agreement or taking such security (a) such..........
Negotiable Instruments Act, 1881, Section 138(b), 142(b) -- Dishonour of cheque - Oral information regarding - Whether constitute `cause of action' - Statement made in complaint petition only to effect that as soon complainant got information about dishonour of cheque, he rushed to accused and informed him about dishonour of cheque, where upon accused asked complainant to..........
Negotiable Instruments Act, 1881, Section 138,142(2) -- Dishonour of cheque - Pre mature complaint - Cognizance - Different opinions - Needs to be resolved authoritatively - Matter referred to three-Judge Bench as to : (i) Can cognizance of an offence punishable under Section 138 of the Negotiable Instruments Act 1881 be taken on the basis of a complaint filed before the..........
Practice and procedure -- Prejudice to accused - It has to be shown that accused has suffered some disability or detriment in the protections available to him under the Indian Criminal jurisprudence - Courts should make a close examination to ascertain whether there was really a failure of justice or whether it is only a camouflage, as this expression is perhaps too..........
Negotiable Instruments Act, 1881, Section 138(b), 93 -- Dishonour of cheque - Mode of service u/s 94 of the Act - Held, u/s 93 of the Act, notice is contemplated to be issued by holder of instrument in case of dishonour by no, payment to all parties whom holder of instrument seeks to make severally liable thereon and to some one of the several parties whom he seeks to make..........
