Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Court can suo moto issue a commission in cases where it deemed a local investigation to be requisite or proper for purpose of elucidating any point in dispute which is left doubtful after evidence has been led by parties...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is behind the bars for more than one year - Investigation is complete - Final report u/s 173 Cr.P.C. already presented and trial of case would take long time to conclude - Accused is not involved in any other case and there is..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Execution of Power of attorney on receipt of Rs.12 Lakhs as consideration - Revocation or cancellation of power of attorney - Whether power of attorney was revoked or cancelled with bona fide intention or with mala fide intention to cheat the agent who had paid part sale..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Occurrence took place in the night and lights of both the vehicles were broken and there was no source of light - It is thus, highly improbable that driver of other vehicle could identify driver of erring vehicle in the night - Driver of erring vehicle fled away from the spot - No..........
Criminal Procedure Code, 1973, Section 91 -- Preservation of call details records and tower location - Call details of police officials - No doubt while passing appropriate direction for preserving and production of call details/tower location details u/s 91 Cr.P.C would violate the right of privacy of police officials but right of accused u/art 21 of Constitution in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, Evidence Act, 1872, Section 25 -- Contraband - Confessional statement - Confession before officers who are invested with powers of investigation u/s 53 of the Act are Police Officers within meaning of S.25 of Evidence Act - Confession before said officers would be barred u/s 25 of Evidence Act and cannot be..........
Criminal Procedure Code, 1973, Section 317 -- Splitting of trials - Presence of some of the accused could not be procured - Order splitting of trial quashed as Magistrate was not satisfied that police have made sufficient efforts to procure the presence of all the accused and secondly further investigation of case has already been ordered...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Local Commissioner - Court on its own volition can exercise its discretion to appoint Commissioner to make a local investigation for elucidating any matter in dispute...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Once bail is granted to applicant, he is always expected to not only join investigation but also participate therein...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Completion of investigation - By itself not a ground for grant of bail without due consideration of relevant aspects...........
