Criminal Procedure Code, 1973, Section 202, 203, 156(3), 173(1) -- Complaint - Courses open to Magistrate who receives police report u/s 173(1) on an order of investigation u/s 156(3) are: (1) May decide that there is no sufficient ground for proceeding further and drop the case; (2) May take cognizance of an offence under Section 190(1)(b) on the basis of the police..........
Criminal Procedure Code, 1973, Section 386 -- Powers of Appellate Court - In a case based upon direct eye-witness account the testimony of the eye-witnesses is of paramount importance and if the Appellate Court reverses the finding recorded by the Trial Court and acquits the accused without considering or examining the testimony of the eye-witnesses, it will be a clear..........
Criminal Procedure Code, 1973, Section 174 -- Inquest proceedings - Section 174 Cr.P.C. does not contemplate that the manner in which the incident took place or the names of the accused should be mentioned in the inquest report...........
Civil Procedure Code, 1908, Order 41, Rule 9 -- as inserted w.e.f. 1.7.2002 by Amendment Act 46 of 1999 - Memorandum of appeal - Has to be filed in the Court in which appeal maintainable as required under Order 41 Rule 1 - Merely because memorandum of appeal not filed under Order 41 Rule 9 - Will not make appeal filed in Appellate Court as defective - Appellant not..........
Criminal Procedure Code, 1973, Section 313 -- Statement u/s 313 - Evidentiary value - Statement of an accused under Section 313 Cr.P.C. can be looked into by the Court and would be a relevant evidence to be taken into consideration insofar as it lends support substantially to the case of the prosecution - However, such a statement cannot itself be made the ground for..........
Criminal Procedure Code, 1973, Probation of Offenders Act, 1958, Section 360 -- Release on probation - Object of law in realeasing the convicts on probation is to ensure reformation - But if the Court comes to the conclusion that the release would become counter productive or it would not be in the interest of the society, the benefit of provisions of Offenders Act or of..........
Opium Act, 1878, Section 9, Criminal Procedure Code, 1973, Section 297(2) -- Criminal - Search and seizure - Link evidence - Affidavit - Recovery of 8 gunny bags of poppy husk from truck - Verification in the three affidavits relied upon by the prosecution not in conformity with Section 297(2) Cr.P.C. - These affidavits not admissible in evidence - Excluding these..........
Civil Procedure Code, 1908, Section 152, 47, Order 7, Rule 3, Civil Procedure Code, 1908, Section , Order 20, Rule 3 -- When suit as to immovable property decreed and property not definitely identified - Defect in Court record caused by overlooking of provisions contained in Order 7 Rule 3 and Order 20 Rule 3 - Capable of being cured - Resort can be had to Section 152 or..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 34, 32 -- Decree for specific performance of contract for sale of immovable property - Draft sale deed accompanied by a notice requiring objections to be made by judgment-debtor as provided by sub-rule (2) of Rule 34 of Order 21 not caused to be served by Court - Judgment-debtor repeatedly insisting on draft sale deed..........
Criminal Procedure Code, 1973, Section 199(1), Penal Code, 1860, Section 500 -- Defamation - Complaint - Power of Attorney - Complainant, against whom malicious and defamatory imputations and insinuations published, a person employed in Dubai - Complaint filed by him through his power of attorney held not offending Section 199(1) Cr.P.C. and is competent...........
