Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Duty of Court - Held, it is a well settled proposition of law that an order under Section 319 Cr.P.C should not be passed unless Court comes to the reasonable conclusion on the basis of evidence before it that the same is likely to lead to conviction...........
M.P.Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982, Section 39,6,43, Criminal Procedure Code, 1973, Section 193 -- Cognizance of offence under Section 6 - Appellants convicted for minor offence - Cognizance of offence cannot be taken under Section 6 of Adhiniyam unless case is committed by Magistrate - Held, conviction improper as Special Judge took cognizance..........
Civil Procedure Code, 1908, Section 47 -- Representative - It is much wider in sense than the expression `legal representative' as contained in Section 2(11) read with Section 50 CPC or an `assignee' referred to in O.22.R.10 CPC...........
Civil Procedure Code, 1908, Section 47, Transfer of Property Act, 1882, Section 52 -- Execution - Objections - A subsequent purchaser of the suit property from the judgment debtor would certainly be a `representative' of the said judgment debtor for the purposes of execution of the decree and would be covered by Section 47 CPC...........
Criminal Procedure Code, 1973, Section 156(1) -- S.156(1) Cr.P.C. authorizes the police to investigate into a cognizable offence without requiring any sanction from a judicial authority - However, sub-section (3) of S.156 of the Code provides that any Magistrate empowered under S.190 may order such an investigation mentioned in sub-section (1) of the said Section...........
Criminal Procedure Code, 1973, Section 327, 328, Indian Penal Code, 1860, Section 302, 304 -- Charge sheet submitted u/s 302 IPC - Sessions Judge framed charge u/s 304 IPC and declined to frame charge u/s 302 IPC - No reasons assigned for the same - Held, when charge under a particular Section is dropped or diluted, some minimum reasons are expected to be recorded..........
Criminal Procedure Code, 1973, Section 172 -- Case diary in connection with the missing complaint - It was in the form of loose papers tagged together - It was not even paginated - Held, Section 172 (1-B) of the Code as amended mandates that diary shall be in volume and duly paginated - Direction issued to all concerned to adhere the mandate...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Discharge of accused sought by police - Legality of - Held, when a person is summoned under Section 319 of the Code by the Trial Court to face trial as an additional accused, police has absolutely no right to ask for the discharge of the accused simply because police has not found him involved in the..........
Criminal Procedure Code, 1973, Section 164 -- Confession - Principles governing - (i) The provisions of Section 164 Cr.P.C. must be complied with not only in form, but in essence; (ii) Before proceeding to record the confessional statement, a searching enquiry must be made from the accused as to the custody from which he was produced and the treatment he had been receiving..........
Criminal Procedure Code, 1973, Section 313 -- Statement u/s 313 Cr.P.C. - Object - Held, S.313 Cr.P.C. has been provided to give accused a fair chance to explain his stand with regard to circumstances in evidence which have been collected against him and has come on record during trial - This provision has been cautiously incorporated in the Code so that accused gets a..........
