Criminal Procedure Code, 1973, Section 195, 340 -- Scope - Sub section 195(1)(b)(i) and 195(1)(b)(ii) cater to separate offences - S.340 Cr.P.C. is a generic section for offences committed u/s 195(1)(b), the same has different and exclusive application to clauses (i) and (ii) of S.195(1)(b) of Cr.P.C...........
Criminal Procedure Code, 1973, Section 340 -- Object - Prosecution under this Section can be initiated only by sanction of Court under whose proceedings an offence referred to in S.195(1)(b) has allegedly been committed - Object of this Section is to ascertain whether any offence affecting administration of justice has been committed in relation to any document produced or..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Magistrate can also assess on receipt of complaint as to whether, he, while conducting an inquiry, at the pre-summoning stage will be able to collect material available on record especially in cases which are based on documentary evidence such as cheating, forgery etc. - It is not in the..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 468 -- Misconduct - Pecuniary advantage - Abusing official position - Accused cheated complainant and his brother by dishonestly inducting them to pay money for handing over possession of shop - Possession of shop was with accused due to his official position in Revenue..........
Civil Procedure Code, 1908, Section 24(2) -- Transfer of suit - Following factors have to be taken into consideration while transferring a case : (a) Balance of convenience or inconvenience to plaintiff or defendant or witnesses; (b) convenience or inconvenience of particular place of trial having regard to the nature of evidence on points involved in suit; (c) issues..........
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...........
