Criminal Procedure Code, 1973, Section 190, 200 -- 'Taking cognizance of an offence' & 'filing of complaint' - Distinction - Taking cognizance means the action taken by the Court for initiating judicial proceedings against the offender in respect of the offence regarding which the complaint is filed - Taking cognizance of an offence can only be said when Magistrate applies..........
Criminal Procedure Code, 1973, Section 161, 162 -- Statement recorded under Section 161 - What amounts to - Substance of interrogation recorded by investigation officer which was not in terms of S.161 - Cannot be regarded as statement under Section 161 - Same cannot be used for contradiction under Section 162 Cr.P.C...........
Criminal Procedure Code, 1973, Section 306, 307 -- Pardon to accomplice - By trial Court - Distinction between Ss.306 and 307 - Plea that statement of accomplice is required to be recorded first in Court of Magistrate and subsequently in trial Court - Not tenable - Section 306 is applicable where order of commitment has not been passed - Section 307 is applicable in cases..........
Official Secrets Act, 1923, Section 5, 13(3), Criminal Procedure Code, 1973, Section 470 -- No consent or sanction of the Government or any authority as contemplated by Explanation to sub-section (3) of S.470 Cr.P.C.is required for filing the complaint under the Act - `Consent' or `sanction' envisaged u/s 470 Cr.P.C. cannot be equated with the `order' or `authority' for..........
Civil Procedure Code, 1908, Section 20, 2(e), Arbitration and Conciliation Act, 1996, Section 34 -- Territorial jurisdiction - It cannot always be said, in view of S.20 of CPC that only one Court has jurisdiction to try the suit - Territorial jurisdiction is conferred upon a Court on various considerations - Once it is brought to the notice of a Court that proceedings..........
Criminal Procedure Code, 1973, Section 125 -- Divorced wife - If the divorced wife is unable to maintain herself and if she has not remarried, she is entitled to claim maintenance allowance - A divorced woman continues to enjoy status of a wife for limited purpose of claiming maintenance in view of Explanation (b) to Section 125(1) Cr.P.C...........
Civil Procedure Code, 1908, Section 92, Order 7, Rule 11 -- Leave of Court - Notice to defendant - As a rule of caution, Court should normally give notice to the defendants before granting leave to institute a suit under the said section but the Court is not bound to do so - If a suit is instituted on the basis of such leave, granted without notice to the defendants, the..........
Criminal Procedure Code, 1973, Section 202, 465 -- (a) Under Section 200 Magistrate has jurisdiction to take cognizance of an offence on the complaint after examining upon oath the complainant and the witnesses present; (b) When the complaint is made in writing by a public servant in discharge of his official duties, the Magistrate need not examine the complainant and the..........
Indian Penal Code, 1860, Section 193, Criminal Procedure Code, 1973, Section 195, 340 -- Perjury - Supreme Court cannot under Article 142 convict an accused for an offence u/s 193 without following procedure prescribed u/s 195 r/w S.340 Cr.P.C. - Procedure prescribed under Section 195 r/w S.340 Cr.P.C. should be followed for prosecution of offence under S.193 IPC...........
Prevention of Corruption Act, 1947, Section 5(2), 6, Indian Penal Code, 1860, Section 161, Criminal Procedure Code, 1973, Section 465 -- Absence of valid sanction - Appellate Court not to reverse a conviction and sentence passed by the trial Court - In view of S.465 of Cr.P.C. unless failure of justice had been occasioned appellate/revisional Court is debarred from..........
