Criminal Procedure Code, 1973, Section 190 -- Cognizance - Can be said to have taken only when Magistrate applies his mind to the contents of the complaint which must have been done so for the purpose of proceeding u/s 200 and the provisions following that section - Where, however, Magistrate applies his mind only for ordering an investigation u/s 156(3) or issues a..........
Civil Procedure Code, 1908, Section 24, 25 -- Transfer of a case - There is no strait jacket formula - Some of the illustrative but not exhaustive considerations are : balance of convenience or inconvenience to plaintiff or defendant or witnesses; convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in..........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - The illustrative categories indicated by this Court are as follows: (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused;..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR or criminal proceeding - Principles governing : (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused; (2) Where the allegations in..........
Evidence Act, 1872, Section 25, Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 15, Terrorists and Disruptive Activities (Prevention) Rules, 1987, Rule 15 -- Confession - Made by accused before Police Officer - Admissible in evidence - Guidelines for recording confession are : (1) The confession should be recorded in a free atmosphere in the same..........
Indian Penal Code, 1860, Section 364A, Criminal Procedure Code, 1973, Section 181(2) -- Kidnapping for ransom - Offence u/s 364-A IPC is not covered under sub-section (2) of S.181 Cr.P.C...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2 -- Injunction - Courts have jurisdiction to pass an order of injunction not only U.O.39.R.2 CPC but also under Section 151 thereof...........
Constitution of India, 1950, Article 227 -- Application under Article 227 - Maintainability - Alternative remedy of appeal available - Application under Article 227 not maintainable where an appeal lies. Code of Civil Procedure, 1908, Section 96...........
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 3, 4 -- Two beneficial provisions do not co-exist - Court to apply one of the other beneficial provision be it Section 360 IPC or Probation of Offenders Act...........
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 3, 4 -- Applicability of the two provisions - Provision of S.360 Cr.P.C. relates only to persons not under 21 years of age convicted for an offence punishable with fine only or with imprisonment for a term of seven years or less, to any person under 21 years of age or any woman convicted..........
