Criminal Procedure Code, 1973, Section 156(3) -- Compliant u/s 156(3) Cr.P.C. - Order to record sworn statement of complainant - Shows Magistrate was not prepared to invoke power u/s 156(3) Cr.P.C. - Complainant can very well challenge this order - However, when complainant once furnishes his statement u/s 200 Cr.P.C. then he cannot be heard to say that Magistrate ought to..........
Criminal Procedure Code, 1973, Section 173 -- Protest petition/private complaint - Once protest petition/private complaint taken on record by taking Sworn Statements of PW1 to PW3, Magistrate should have proceeded to consider matter on merits and disposed of same after examining witnesses by issuing summons to accused - Magistrate, however, taken a route of S.468 Cr.P.C..........
Evidence Act, 1872, Section 132 -- Examination of witness - S.132 of the Act does not apply to a statement made by a person during an investigation u/s 161 Cr.P.C. rather it refers to a person who enters the witness box and is sworn as a witness...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Death of wife of applicant - Case registered on the basis of anonymous letter after more than a month - Immediately after death of deceased, her parents were informed about death and they did not lodge any complaint against applicant - Even father-i, law of applicant has in a sworn affidavit stated that..........
Indian Penal Code, 1860, Section 302, 148, 149, 201 -- Double murder - Testimony of Eye witness - Accused allegedly murdered mother and her unmarried daughter, burnt their bodies in house and carried the remains of dead bodies and ashes in a cart driven by tractor to an unknown place - Eye witness PW9 is real sister of deceased/mother narrated the entire incident and inter..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Evidence - Affidavit of examination-in-chief - Not sworn before authority - Legally and technically there is no examination-in-chief on record - It is duty of Court to return the same for swearing affidavit in accordance with law so that it could become evidence within meaning of O.18.R.4 CPC - Matter remitted for decision..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - There has to be prior applications u/ss 154(1) & 154(3) Cr.P.C. while filing a petition u/s 156(3) Cr.P.C. - Both the aspects should be clearly spelt out in the application and necessary documents to that effect shall be filed - Application u/s 156(3) Cr.P.C. has to be supported by an..........
Indian Penal Code, 1860, Section 376 -- Rape of young girl aged around 16 years 3 months - Accused pleaded that since no efforts were made by prosecution to file the photographs and recorded conversation of prosecutrix with accused thus prosecutrix version cannot be relied on - If the investigating officer did not conduct the investigation properly or not being able to..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2), Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - More than five years have lapsed - Conduct of ADM/Land Acquisition collector - Plea sworn by Land Acquisition Collector in affidavit regarding taking over possession of acquired land is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint filed through power of attorney holder - Power of attorney holder being husband of complainant has witnessed all transactions and he possesses due knowledge about them - He is associated with all transactions at all crucial stages - Power of attorney..........
