Civil Procedure Code, 1908, Section 11 -- Essential ingredients for the applicability of S.11 CPC are : (i) The matter must be directly and substantially in issue in the former suit and in the later suit; (ii) The prior suit should be between the same parties or persons claiming under them; (iii) Parties should have litigated under the same title in the earlier suit; (iv)..........
Criminal Procedure Code, 1973, Section 209 -- Commitment of case - Magistrate enquiring into a case under Section 209 of the Code is not to act as a mere Post Office - Court has to see whether there is sufficient evidence for commitment - If there is no prima facie evidence or the evidence is totally unworthy of credit, it is the duty of the Magistrate to discharge the..........
Land Acquisition Act, 1894, Section 23(1A), Civil Procedure Code, 1908, Order 41, Rule 33 -- Acquisition of land - Compensation - On reference, award enhanced - State challenged the award of Reference Court - The landowner, instead of filing appeal or cross-objection, filed application under Order 41 Rule 33 of Code claiming additional compensation - Held, landowners who..........
Indian Penal Code, 1860, Section 354, Criminal Procedure Code, 1973, Section 212, 215, 464 -- Error in charge - Two women namely `P' and `S' present in the house - Accused charged for assaulting `P' and outraging her modesty after committing trespass into the house - Accused outraged the modesty of `S' but charged with outraging modesty of `P' - Held, conviction cannot be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 35, 54, Criminal Procedure Code, 1973, Section 315 -- Recovery of charas - Conscious possession - Charas recovered from car driven by accused - Co-accused took lift in the car - Both the accused were knowing each other - Held, once recovery is effected, it has to be presumed that the accused was in conscious..........
Criminal Procedure Code, 1973, Section 313, Evidence Act, 1872, Section 3 -- Statement of the accused under Section 313 Cr.P.C. - - It cannot be treated as evidence within meaning of S.3 of Evidence Act - It can be used to appreciate the truthfulness or otherwise of the case of the prosecution...........
Criminal Procedure Code, 1973, Section 195 -- Mandatory in nature - Is an exception to Section 190 CrPC which says that any person can set the law in motion by making a complaint - To make Section 195 applicable, there has to be a complaint by public servant whose lawful order has not been complied with - In the absence of such a complaint, trial and conviction will be..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Complainant resiled before commencement of trial - High Court quashed FIR - Held, High Court was not justified in quashing the FIR - Ordinarily, the Court of Sessions is empowered to discharge an accused under Section 227 of CrPC even before initiating trial - The accused can therefore move the trial court..........
Criminal Procedure Code, 1973, Section 173 -- Investigation - Murder case - Charge sheet submitted after investigation - High Court found charge sheet as one sided and biased - Ordered fresh investigation by independent agency - Order of High Court upheld - Held : (a) Fair investigation like fair trial is a constitutional right guaranteed under Articles 20 and 21 of..........
Civil Procedure Code, 1908, Section 148, M.P.Accommodation Control Act, 1961, Section 12(1)(k) -- Whether court can extend time beyond 30 days as stipulated under Section 148 CPC - Held, Yes - Inherent powers of the court to pass order necessary for meeting the ends of justice and preventing abuse of the process of the court cannot be taken away by putting an upper limit..........
