Criminal Procedure Code, 1973, Section 154 -- FIR - Not a substantive piece of evidence - It cannot contradict the testimony of the eye witnesses even though it may contradict its maker...........
Criminal Procedure Code, 1973, Section 167(1), 167(2) -- Police custody - Counting of period prescribed under the provision - Surrender in another case - Cannot be treated as police custody so as to count the period - The condition is that the accused must be in the custody of the police and so called deemed surrender in another criminal case cannot be taken as starting..........
Civil Procedure Code, 1908, Section 38, 39, 42 -- Execution of decree - Powers of Executing Court - Sec. 38 provides that decree may be executed by the Court which passed it or by the Court to which it is send for execution - Sec. 42 indicates that the transferee Court to which the decree is transfered for execution will have the same powers in executing that decree as if..........
Civil Procedure Code, 1908, Section 39(4) -- (As per Amendment Act 22 of 2002 effective from 1.7.2002) - Execution of decree - Execution is sought to be proceeded against any person or property out side the local limits of the jurisdiction of the Executing Court - Nothing in Sec. 39 of the Code shall be deemed to authorize the Court to proceed with the execution...........
Civil Procedure Code, 1908, Section 136 -- Attachment of Property - Scope of powers of Court - Court trying a suit may have jurisdiction to order attachment of a property even out side of its jurisdiction - Court to send order of attachment to the District Court within whose local limits the property sought to be attached is situated - Sec. 136 clearly excludes execution..........
Civil Procedure Code, 1908, Section 39(4), Order 21,, Rule 3, 54 -- Execution of decree - Property situated outside local limits of jurisdiction of Executing Court - An execution against immoveable property lying outside the jurisdiction of executing court is possible in terms of O.21 R.3 of the Code when particular item of immoveable property, forms one estate or tenure..........
Criminal Procedure Code, 1973, Section 397, 401, Karnataka Forest Act, 1963, Section 71A -- Acquittal of accused in an offence under Forest Act - Revision - Filed by Authorised Officer - High Court dismissed same by holding that State is a necessary and proper party to file criminal revision and revision at the instance of Authorised Officer only is not maintainable -..........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 7, 12, 13(1)(d), 13(2), Karnataka Control of Organised Crimes Act, 2000, Section 3, 4, 25 -- Bail - Offence u/ss 7, 12, 13(1)(d), 13(2) Prevention of Corruption Act & Ss.3, 4 & 25 of Karnataka Control of Organised Crimes Act - Accused while posted as Assistant Superintendent of Central..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Counterfeit currency case - Appellant working as Assistant Superintendent of Central Prison conspired with accused in contravention of prison rules and regulations and permitted and facilitated accused to use mobile phone for his unlawful activities - Offence u/ss 120-B, 255 to 258, 260 and 420 IPC read with S.63-B of..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Challenge to execution of sale deed - Original suit for declaration of title and injunction - Said suit was withdrawn - No liberty to file fresh suit granted - Order allowing withdrawal cannot constitute a decree - It cannot debar the defendant from taking the defence in the second round of litigations..........
