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...........
Criminal Procedure Code, 1973, Section 145 -- Finding u/s 145 Cr.P.C. do not bind the competent court in a legal proceedings initiated before it - The decision has relevance in evidence to show that : (a) that there was a dispute relating to a particular property; (b) that the dispute was between the parties; (c) that such dispute led to the passing of a preliminary order..........
Indian Penal Code, 1860, Section 376, Constitution of India, 1950, Article 142 -- Rape cases - Fast Tract Courts constituted for trial of rape cases - But fast tract procedure not framed - Interim directions issued : (i) Upon receipt of information relating to the commission of offence of rape, the Investigating Officer shall make immediate steps to take the victim to any..........
Indian Penal Code, 1860, Section 376, Constitution of India, 1950, Article 142 -- Rape cases - Fast Tract Courts constituted for trial of rape cases - But fast tract procedure not framed - Interim directions issued : (i) Upon receipt of information relating to the commission of offence of rape, the Investigating Officer shall make immediate steps to take the victim to any..........
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Remission of sentence - Whether suo motu exercise of power of remission u/s.432(1) is permissible in scheme of section, if yes, whether procedure prescribed in sub-cl.(2) of same section is mandatory or not? - Held, question referred to..........
Criminal Procedure Code, 1973, Section 482, Prisons Act, 1894, Section 42, 45, 52A -- Possession of mobile phone by prisoner - Quashing of FIR - Held, S.52-A makes possession of mobile phone by prisoner and supplying phone by any person an offence - This section came into force on 08.03.2011 - FIR for offence dated 24.09.2009 - Since retrospective effect will not apply in..........
