Criminal Procedure Code, 1973, Section 144, 145 -- Dispute amongst co-sharers regarding extent of their shares - To be adjudicated by civil court - Two of the co-sharers executed sale deed in favour of third party - Threat of dispossession at the hands of third party - Held, proceedings u/ss 144 and 145 of the Code maintainable - Decision of a criminal case in a case of..........
Evidence Act, 1872, Section 25, 26 -- Extra judicial confession and judicial confession - Distinction - Judicial confessions are those which are made before a Magistrate or a court in the course of judicial proceedings - Extra judicial confessions are those which are made elsewhere than before Magistrate or court - Extra judicial confession are made by a party to or before..........
General Clauses Act, 1897, Section 6 -- Amendment - Prospective or retrospective - Depends upon its construction - S.6 of the Act saves a right accrued and/or a liability incurred - It does not create a right - When S.6 applies only an existing right is saved thereby - The existing right of a party has to be determined on the basis of the statute which was applicable and..........
General Clauses Act, 1897, Section 6 -- Amendment - Prospective or retrospective - Depends upon its construction - S.6 of the Act saves a right accrued and/or a liability incurred - It does not create a right - When S.6 applies only an existing right is saved thereby - The existing right of a party has to be determined on the basis of the statute which was applicable and..........
Criminal Procedure Code, 1973, Section 482 -- Exercise of inherent power - Principles governing are : (1) That the power is not to be resorted to if there is a specific provision in the Code for the redress of the grievance of the aggrieved party; (2) That it should be exercised very sparingly to prevent abuse of process of any Court or otherwise to secure the ends of..........
Injury and post mortem report -- Non examination of doctor - If its genuineness is not disputed by the opposite party, the said post-mortem report can be read as substantive evidence to prove the correctness of its contents without the doctor concerned being examined...........
Criminal Procedure Code, 1973, Section 294(3) -- Document - Genuineness not disputed by the opposite party - It can be read as substantive evidence...........
Injury and post mortem report -- Non examination of doctor - If its genuineness is not disputed by the opposite party, the said post-mortem report can be read as substantive evidence to prove the correctness of its contents without the doctor concerned being examined...........
Criminal Procedure Code, 1973, Section 294(3) -- Document - Genuineness not disputed by the opposite party - It can be read as substantive evidence..........
Motor Vehicles Act, 1988, Section 147, 166 -- Accident - Compensation - Death of gratuitous passenger travelling in a private car - Car driven negligently - Policy was 'Private car package policy' - Held, gratuitous passenger falls within meaning of third party - Insurance company is liable to pay compensation...........
