Criminal Procedure Code, 1973, Section 319 -- Invoking provision of S.319 - Factors to be taken into consideration are: (i) The doubt about the involvement of the other accused has no place; (ii) Discretionary power so vested in Cr.P.C. under these provisions should be exercised to advance the cause of criminal justice; (iii) There is compelling duty on the Court to..........
Criminal Procedure Code, 1973, Section 313 -- Ordinarily, the purpose of Section 313 of the Code is to afford the accused an opportunity of offering an explanation of incriminating circumstances appearing in prosecution evidence against him - It is not necessary for the accused to speak and explain - However, when the case rests on circumstantial evidence, the failure of..........
Essential Commodities (Special Provisions) Act, 1981, Section 12, Essential Commodities Act, 1955, Section 11 -- Criminal Procedure Code, 1973, Section 167 - Whether the special court which ceased to be a special court under the Essential Commodities (Special Provisions) Act, 1981, but continued as such under the Narcotic Drugs and Psychotropic Substances Act, 1985, has..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Existence of substantial question of law is a condition precedent for the High Court to assume jurisdiction of entertaining second appeal - Conditions specified in Section 100 of CPC are required to be strictly fulfilled and that the second appeal cannot be decided on merely equitable grounds...........
Customs Act, 1962, Section 108, 135 -- Criminal Procedure Code, 1973, Section 164 - Conviction - Confessional statement - Plea that the Customs Authorities while recording the statement under Section 108 of the Customs Act had not followed the safeguard provided under Section 164 of the Code - Findings of the High Court that the provisions of Section 164 of the Code are..........
Civil Procedure Code, 1908, Section 34 -- Interest - When becomes principal sum - Subject to voluntary contract between the parties and/or established practice or usage interest on loans and advances may be charged on periodical rests - Interest if not paid the same to be capitalised - Principal sum actually advanced coupled with the interest advanced coupled with the..........
Criminal Procedure Code, 1973, Section 167(2) -- Penal Code, 1860, Sections 302, 201, 34 and 120B - Bail - Arrest of appellant alongwith two others as a dead body was found when checking the car of appellant at a check post in Haryana and FIR registered - Charge sheet not filed within period of 90 days - Trial Court at Karnal in Haryana granted statutory bail under Section..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section S.37(1, Criminal Procedure Code, 1973, Section 437, 439 -- Offence under NDPS Act punishable for five years or more - Bail - Accused cannot be granted bail unless limitations contained u/s 437 and 439 Cr.P.C. and Section 37 of NDPS are satisfied - Limitations contained in S.37(1) of NDPS Act are in addition to..........
Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 73, 45 -- Specimen handwriting - During investigation - Direction of Court to accused to give handwriting in course of investigation to enable investigating agency to compare such writing - Can be made under provision of S.164 Cr.P.C. - Section 73 of Evidence Act is no impediment - Handwriting opinion..........
Criminal Procedure Code, 1973, Section 397(2) -- Interlocutory order - No revision lies against interlocutory order - Test to determine whether an order is interlocutory order or not are: (1) If the contention of the petitioner who moves the superior court in revision, as against the order under challenge is upheld, would the criminal proceedings as a whole culminate? If..........
