Criminal Procedure Code, 1973, Section 202 -- Inquiry u/s 202 Cr.P.C. - Complainant is not bound to examine himself during enquiry u/s 202 Cr.P.C. after recording of his initial statement u/s 200 Cr.P.C. - However, if substance of his examination is recorded u/s 200 Cr.P.C. as required in said section and complainant feels necessity to give a detail account of incident to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 34, Arms Act, 1959, Section 25 -- Anticipatory Bail - Accused remained in detention for more than two months till their release on bail by trial Court - Initially Section 307 IPC was invoked in FIR and dropped at later stage on basis of initial MLR of victim but subsequently re-added in..........
Arbitration and Conciliation Act, 1996, Section 8, Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Petitioner while filing written statement has taken objection with regard to suit being premature on ground of no, invoking of arbitration clause - Petitioner did not move any application u/S.8 of Act before filing of written statement - Such application..........
Criminal Procedure Code, 1973, Section 320 -- Compounding of offence - Where offences are compoundable and case is committed for trial or accused is convicted and appeal against conviction is pending, compounding can be allowed with leave of Court - According to S.320(6) Cr.P.C, High Court or Court of Session in exercise of its power of revision u/s 401 may allow any..........
Criminal Procedure Code, 1973, Section 228(1)(b), 464 -- Omission to frame written charge - S.464 Cr.P.C. naturally comes after S.228(1)(b) Cr.P.C. therefore, S.464 Cr.P.C. is a curative section and the defect that trial Court did not frame in writing a charge against accused can safely be cured...........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Pleadings - In pleadings parties have not to plea the law but the facts - It is on perusal of facts of the case that Court has to see as to what provisions of law are applicable or not - Observation of appellate Court discarding application of any particular section on the ground that it is beyond pleading is against the basic..........
Criminal Procedure Code, 1973, Section 154, 207 -- FIR - Supply of copy - Directions issued : (1) On an application submitted by an accused for copy of the FIR, the concerned police station/office of Superintendent of Police shall make available copy of the FIR within two days from making the application; (2) Copy of the FIR can also be obtained by an accused from the..........
Criminal Procedure Code, 1973, Section 386 -- Expression `after perusing such record' in S.386 Cr.P.C., is a condition precedent to a proper disposal of an appeal either by dismissing the same or in any manner contemplated in said Section...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Rash and negligent driving - Statement in panchnama cannot be considered as evidence on either side except considering the details of place of incident and there cannot be any such presumption at least at such stage without allowing prosecution to..........
Criminal Procedure Code, 1973, Section 300 - - Dismissal of complaint or discharge of an accused - Not to be construed as acquittal, for the purposes of this Section...........
