Jurisdiction of Court -- Civil and criminal Court - Distinction : (i) The stage at which an objection as to jurisdiction, territorial or pecuniary, can be raised, is regulated in civil proceedings by S.21 CPC - Whereas, there is no provision in Cr.P.C akin to S.21 CPC; (ii) In civil proceedings, a plaint can be returned U.O.7.R.10 CPC, to be presented to the proper Court,..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Jurisdiction of Court - Transfer of case - Mere fact that another Court might also be empowered to take cognizance of matter u/s 142 of N.I Act since the cause of action arose within that jurisdiction, cannot by itself be a ground for seeking transfer u/s..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - Transfer of cases u/s 406 Cr.P.C. may be allowed when there is a reasonable apprehension backed by evidence that justice may not be done - Mere convenience or inconvenience of parties may not by itself be sufficient enough to pray for transfer...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - Mere inconvenience or hardship that accused may have to face in travelling from one place to other would not fall within the expression expedient for the ends of justice...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - While considering an application for transfer of trial some of broad factors which could be kept in mind are: (i) when it appears that State machinery or prosecution is acting hand in glove with accused, and there is likelihood of miscarriage of justice due to the lackadaisical attitude of prosecution; (ii)..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) - To seek remedy u/s 156(3) Cr.P.C. complainant must exhaust his remedies u/s 154(1) and (3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 154(3) -- S.154(3) Cr.P.C. comes into picture only when after a complaint is submitted to the Officer Incharge of Police Station or information is provided to the Officer Incharge of Police Station regarding commission of a cognizable offence, the Officer Incharge refuses or neglects to register First Information Report...........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Documents which are part of charge sheet even after they have been supplied to accused might get lost, accused can still ask for certified copy/attested copy of the same at his own expense - Non-supply of a copy of such documents will deprive accused of a meaningful opportunity to put..........
Criminal Procedure Code, 1973, Section 207 -- Supply of cloned copy of hard disk to accused - Hard disk is an `electronic record', a cloned copy of which can be provided to accused persons...........
Criminal trial -- Appearance through virtual mode - For the purpose of reading over the charge and recording the plea, accused can be permitted to appear through virtual mode...........
