Criminal Procedure Code, 1973, Section 340 -- S.340 Cr.P.C. provides that Court is not bound to make a complaint regarding commission of an offence referred to in relation to S.195(1)(b) Cr.P.C. as Section is conditioned by words `court is of opinion that it is expedient in the interest of justice' - This shows that such a course will be adopted in the interest of justice..........
Criminal Procedure Code, 1973, Section 41 -- Arrest - Unless a cognizable offence is committed by a person in presence of such police officer, police officer cannot arrest an accused only on the basis of his whims that he suspects the said person to have committed some offence - If such person has committed some cognizable offence which is punishable for imprisonment, then..........
Criminal Procedure Code, 1973, Section 172(3), 161, Evidence Act, 1872, Section 145 -- Case Dairy - Neither accused nor his agents shall be entitled to call for case diary nor shall he or they be entitled to see them merely because they are referred to by court - But if they are used by police officer who made them to refresh his memory or if court uses them for purpose of..........
Criminal Procedure Code, 1973, Section 211, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Defect in framing of charge - Recovery of 200 gms opium - Accused was fully aware that he is being charged for keeping 200 gms of opium without there being any license to keep the same - More so, record shows that at the time of framing of charge, accused was..........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 464, 228 - - Non-framing of charge u/s 376(2)(g) IPC - Evidence on record shows that prosecutrix was subjected to rape by both A-1 and A-2 - When evidence adduced by prosecution is clear that prosecutrix was subjected to rape by more than one person, act clearly falls within S.376..........
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..........
