Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966, Section 146(ii), 164, Land Acquisition Act, 1894, Section 3(b), 4(1), 17(1) -- Acquisition of land - Licensory rights - Grant of license to establish industry u/s.146(ii) of Regulation - Licensees are tenure holders as per the classification under S.141 of Regulation - Since there is no stipulation..........
Criminal Procedure Code, 1973, Section 164(1) -- Statement u/s 164 Cr.P.C. - Proceedings in which statement u/s 164(1) Cr.P.C. of an accused which does not amount to confession, or of a person other than accused is recorded shall be conducted in camera and a copy of it shall not be given to anyone other than investigating officer, who may require it for his investigation..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C. - Second statement - Permissibility - A witness of his own has no right to approach Magistrate to record his statement u/s 164 Cr.P.C - Magistrate is not under legal obligation to record the statement of such witness u/s 164 Cr.P.C., when investigation in a criminal offence is going on - Only a police..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C. - Second statement - Permissibility - Petitioner already given her statement once u/s 164 Cr.P.C on asking of investigating agency but she knowingly gave a false statement - Petitioner can be proceeded against for giving a statement that is false to her knowledge and belief - She has no right to..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C. - Rape of minor girl - Merely because prosecutrix did not give statement before Magistrate or in first instance before Court, it cannot be presumed that her deposition in Court on second day was result of tutoring - Moreover, despite cross-examination, nothing material could be elicited to discredit..........
Criminal Procedure Code, 1973, Section 164, Indian Penal Code, 1860, Section 376 -- In case of rape, statement recorded u/s 164 Cr.P.C. of a prosecutrix has to be kept in secret till the final report is filed...........
Criminal Procedure Code, 1973, Section 164, Indian Penal Code, 1860, Section 376 -- Statement of prosecutrix u/s 164 Cr.P.C. in a rape case - Should be handed over to I.O. immediately with a specific direction that contents of such statement should not be disclosed to any person till the charge sheet/report u/s 173 Cr.P.C is filed - Court rightly rejected application for..........
Criminal Procedure Code, 1973, Section 164 -- Confession - Recording of - Trainee RJS attached to any Magistrate is not a Judicial Magistrate with reference to provision of S.164 Cr.P.C and such he is not competent to record such statement and administer oath to person whose statement is so recorded...........
Criminal Procedure Code, 1973, Section 164, Prevention of Terrorism Act, 2002, Section 32 -- Confession - Provision of Special Act will prevail over provisions of General Act - Constitutionality of the POTA was declared as valid as its provisions will prevail over Cr.P.C. - Considering the stringency of provisions of POTA and grave consequences, Court need to ensure that..........
Criminal Procedure Code, 1973, Section 164 -- Recording of statement - - Statements made by PW8 and PW9 before Magistrate under duress and pressure of police - Prosecution cannot get any benefit from those statements made before Magistrate - Statement recorded u/s 164 Cr.P.C. by Magistrate cannot be used as a substantive piece of evidence as it can only be utilized to..........
