Criminal Procedure Code, 1973, Section 313 -- Statement of accused - It is a settled principle of law that the extract of the statement under Section 313 Cr.P.C. by itself cannot form sole basis for conviction of an accused - The prosecution must prove its case and stand on its own legs. The statement of the accused is a relevant factor and the same can be looked into for..........
Criminal Procedure Code, 1973, Section 482 - - FIR charge u/S.7 read with Section 13 of the Prevention of Corruption Act - FIR - Delay in registration - Petition for quashing - Delay in lodging the FIR is a relative term, depending upon the facts of each case. In one case the delay in the lodging of FIR can be held to be fatal, because it will depend upon various factors..........
Criminal Procedure Code, 1973, Section 311 -- Under Section 311 Cr.P.C. the Court has ample power to summon and examine and reexamine any person whose evidence appears to be essential to the just decision of the case...........
Criminal Procedure Code, 1973, Section 228 - - Penal Code, 1860, Sections 306 r/w 116 - Framing of charge - Revision - Held that in the present case it is alleged that there is demand of dowry and the complainant was being harassed. She did not succeed in her attempt to put an end to her life. Section 306 IPC will not be attracted because when there is specific provision..........
Criminal Procedure Code, 1973, Section 228 -- Penal Code, 1860, Section 304B r/w Section 511 - Framing of charge - Revision - Held that it is not the prosecution case that the persistent demand of dowry was with a view that complainant would commit dowry death. The demand was being made to get more dowry. It is not the prosecution case that petitioners were driving her..........
Criminal Procedure Code, 1973, Section 181(4) -- Complaint under section. 406 IPC - Summoning order - Territorial jurisdiction - Petition for quashing - Held that in view of the provisions of Section 181(4) Cr.P.C. the Court at Morad Nagar, where the property was entrusted and being retained has the jurisdiction to try the case. The mere fact that the complainant after..........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968, Section 30(3) - Question of facts - Quashing proceedings - The defence which are taken by the dealer u/S.30(3) of the Insecticides Act are the defences of facts, which can only be proved by leading evidence before the Magistrate and inquiry cannot be embarked upon by the High Court while exercising the..........
Civil Procedure Code, 1908, Section 96, Order 23, Rule 3 -- Maintainability of appeal - Always open to a party to suit to contend that there has been no compromise or adjustment - Such denial if made - Court has to satisfy itself and decide said question - Court passed judgment and decree in tune with compromise while determining said question - Such judgment and decree..........
Constitution of India, 1950, Article 226, 227 -- Criminal Procedure Code, 1973 - Section 482 - Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 4 - Furlough - Temporary release can be denied to a prisoner only in the event where his release would endanger the security of the State or maintenance of public order. But the mere fact that the release of..........
Criminal Procedure Code, 1973, Section 482 -- Haryana Good Conduct Prisoner's (Temporary Release) Act, 1988, Section 3(1)(b), 3(2)(b) and 3(2)(c) - Parole - The executive instructions issued by the department against the grant of parole on more than one occasion for the purpose specified in Section 3(1)(b) cannot be made a ground to deny the benefit of parole to the..........
