Indian Penal Code, 1860, Section 326, 324, 323, 34 -- Acquittal - Appeal against - Appreciation of evidence - Testimony of injured witness on record - The trial Court did not believe the prosecution case by observing that there was no independent witness to the occurrence - Statement of PW7 available on record who reached the scene of occurrence immediately thereafter and..........
Punjab Police Rules, 1934, Rule 23.4, 23.9(2) -- History sheet - Persons whose names can be entered in Part I of Register No.10 are : (a) All persons who have been proclaimed under Section 87 Cr.P.C. (b) All released convicts in regard to whom an order under Section 565, Criminal Procedure Code, has been made; (c) all convicts the execution of whose sentence is suspended..........
Punjab Police Rules, 1934, Rule 23.4, 23.9(2) -- History sheet - Persons whose name can be entered in Part II of Register are : (a) persons who have been convicted twice, or more than twice of offences mentioned in rule 27.29; (b) persons who are reasonably believed to be habitual offenders or receivers of stolen property whether they have been convicted or not; (c)..........
Criminal Procedure Code, 1973, Section 197, 202 -- Complaint - Public servant - Sanction for prosecution - Raising of plea by accused at enquiry stage - Held, accused in the course of enquiry into a complaint u/s 202 Cr.P.C. and before order has been passed about issuance of process can raise plea under Section 197 Cr.P.C. before the Court by filing such documents which..........
Consumer Protection Act, 1986, Section 11(2), Civil Procedure Code, 1908, Section 20,21(1) -- Territorial jurisdiction - Although there is no specific provision in the C.P. Act, 1986 akin to Section 21 of the CPC, 1908, Consumer Fora established under the provisions of the C.P. Act, 1986 have all the trappings of a Civil Court and judicial authority and the proceedings..........
Consumer Protection Act, 1986, Section 11(2), Civil Procedure Code, 1908, Section 21 -- Territorial jurisdiction - Objection as to - Doctrine of Waiver - As a general rule, neither consent nor waiver nor acquiescence can confer jurisdiction upon a Court or quasi judicial authority which is otherwise incompetent to try a suit or Complaint - Section 21 of the CPC provides an..........
Indian Penal Code, 1860, Section 363 -- Girl in her statement stated that she of her own went alongwith accused and she got out of the house after informing her parents and that accused was affectionate towards her and he was taking up private classes exclusively for her and that he was touching her frequently and used to caress her and kiss her - Girl though less than 18..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18, 61, 50 -- Bail - Recovery of 3 Kgs. of opium - Plea that there has been no, compliance of Section 50 of the Act at the time when search was conducted and not independent witness associated in raiding party and on the date of the crime the accused was aged 18..........
Indian Penal Code, 1860, Section 304 Part I, 304 Part II -- Applicability - Second Part of Section 304 IPC applies when there is no guilty intention, but there is guilty knowledge i.e. the act by which death was caused was done with the knowledge that the act was likely to cause death, but without any intention to cause death, or such bodily injury, as was likely to cause..........
Criminal Procedure Code, 1973, Section 482, 397, 401 -- Inherent power - Order passed by Sessions Judge and also by the Sub Divisional Judicial Magistrate revisable order - The same not challenged by filing revision but petitioner under Section 482 filed after a period of five years - Held that when there is specific provision under the Cr.P.C. i.e. Ss.397 and 401 under..........
