Prevention of Corruption Act, 1988, Section 20(1), Evidence Act, 1872, Section 4 -- Words and phrases - May Presume - Shall Presume - Presumption falling under 'May Presume ' are compendiously known as factual presumption or discretionary Presumption - Presumption falling under 'Shall Presume ' are legal presumption or compulsory presumption - In section 20 (1) words..........
Criminal Procedure Code, 1973, Section 2(g) -- Inquiry - Trial - Inquiry is defined by section 2 (g) as 'every inquiry, other than a trial' - Trial not defined - Trial is clearly distinguishable from inquiry - Trial is distinct from inquiry and inquiry must always be a forerunner to the trial...........
Criminal Procedure Code, 1973, Section 193 -- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 (1) (iii), 3 (1) (v) and 3 (1) (x) - Jurisdiction of Special Court - Power of special court to take direct cognizance of offence under 1989 Act - Court of sessions designated as special court - Special court remains court of sessions - Special..........
Karnataka Rent Control Act, 1961, Section 50, Civil Procedure Code, 1908, Section 151 -- Revision - Finding of fact - High Court in exercise of revisional jurisdiction has power to reappreciate the evidence and interfere with the same - Revisional power of High Court is wider than power conferred under Section 115 CPC...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b), Criminal Procedure Code, 1973, Section 439 -- Bail - Non compliance of order passed for supply of copies to accused - Not a ground to grant Bail - Limitations placed by section 37 are to be satisfied - Case not covered by exception given in section 37 - Bail cancelled...........
Indian Penal Code, 1860, Section 471 -- Forgery - Ingredients - (i) fraudulent or dishonest use of document as genuine - (ii) knowledge or reasonable belief on the part of person using the document that it is a forged one - To attract section 471 it is not necessary that accused himself had forged the document or person independently charged for forgery of the document..........
Indian Penal Code, 1860, Section 471, 120B -- Forgery - Acquittal of co-accused charged for conspiracy - Will not affect the accusations under Section 471 - If the charge of conspiracy is followed by substantive charge of another offence there is nothing to prevent the Court convicting an accused for the substantive charge even if the prosecution had failed to establish..........
Prevention of Corruption Act, 1947 -- Section 5 (2) - Independent Witness - Interested Witness - Panch Witness - Trap - Rs.100 recovered from accused - Plea that panch witnesses were interested witness as they were working under father of complainant - No suggestion to this affect put to witnesses or Investigating Officer - Complainant's father was working in Health..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Ingredients to draw presumption - Presumption can be raised only if accused being tried for the offence under section 304-B and death of women should be caused by burns or bodily injury or otherwise than under normal circumstances within seven years of marriage - Deceased..........
Indian Penal Code, 1860, Section 304B -- Section 113-B - Dowry death - `Soon before death ` - Scope and Ambit - Soon before would depend upon circumstances of each case and no strait jacket formula can be laid - No period can be fixed to define the expression - It would normally imply that the interval should not be much between the concerned cruelty or harassment and..........
