Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C - Can be used for corroboration and for contradiction unlike a statement u/s 161(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 164 -- Confessional statement - Offence u/s 304-A IPC - Accused on his own volition surrendered before Police along with three witnesses - There is no evidence of coercion on record - When accused was produced before Magistrate as required u/s 164 Cr.P.C, he was warned of consequences of recording confessional statement - There is..........
Criminal Procedure Code, 1973, Section 164 -- Provision of S.164 of Code is divided in two parts, one with regard to "confession" which is found in sub-sections (1) to (4) and the other is with regard to "statement" (other than confession), which is referred to in sub-section (5) thereof - S.164(6) provides that Magistrate recording a confession or statement under this..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C - Accused contended that he was not given the opportunity to have his statement recorded u/s 164 Cr.P.C, which has prejudiced his case - Contention rejected, as confession of accused u/s 164 Cr.P.C is recorded when he has turned approver and is granted pardon in terms of S.306 Cr.P.C, which is not the..........
Constitution of India, 1950, Article 75(1B), 164(1B), 361(1B) -- MLAs - Disqualification - Relates to the date when such act of defection takes place - Tendering of resignation does not have bearing on jurisdiction of Speaker in this regard...........
Constitution of India, 1950, Article 75(1B), 164(1B), 361(1B), 190(3)(b) -- MLAs - Disqualification - A person cannot be barred from contesting elections if he is otherwise qualified to contest the same...........
Constitution of India, 1950, Article 75(1B), 164(1B), 361(1B), 190(3)(b) -- MLAs - Disqualification - Power of Speaker - Neither the Constitution nor any Act provides for defection to another party as a bar from contesting further elections, reading such a bar into the nebulous concept of the inherent powers of the Speaker - Is impermissible and invalid...........
Constitution of India, 1950, Article 75(1B), 164(1B), 361(1B), 190(3)(b) -- MLAs - Disqualification - Power of Speaker - Speaker in exercise of his powers under Tenth Schedule - Does not have power to either indicate the period for which a person id disqualified nor to bar someone from contesting elections...........
Telegraph Act, 1885, Section 16, 10, Electricity Act, 2003, Section 164, Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Restraining defendant from erecting poles on any part of suit lands without following due process of law - District Magistrate granted necessary permission - 80% work already complete - Order granting interim injunction set aside..........
Criminal Procedure Code, 1973, Section 161, 164, Evidence Act, 1872, Section 32 -- Statement of prosecutrix (now dead) u/ss 161, 164 Cr.P.C - Statement itself is not admissible in evidence because statements u/ss 161, 164 Cr.P.C do not cover purview of S.32 Clause 1, 3 to 8 of Evidence Act - So far as S.32(2) of Evidence Act is concerned, statements are not available on..........
