Orissa Forest Act, 1972 – Section 56 (1) – Criminal Procedure Code, 1973 – Section 457- Seizure of vehicle involved in forest offence – Release of – Criminal Court would have no jurisdiction to release the vehicle in exercise of power under section..
(A) Penal Code, 1860, Sections 405, 406 and 420 - Quashing of order - Taking cognizance of offence - Cheating - Criminal breach of trust - Dishonour of two cheques - Instead of filing complaint u/s 138 Negotiable instruments Act, complaint filed for ..
(A) Hindu Succession Act, 1956, Section 14(1) - Widow was possessed of the land in question in lieu of her right of maintenance - Sub-section (1) of section 14 of the Act clearly be attracted. (Paras 13 and 18) (B) Civil Procedure Code, 1908, S..
8. Procedure where defendant only appears Where the defendant appears and the plaintiff does not appear when the suit is called on for hearing, the Court shall make an order that the suit be dismissed, unless the defendant admits the claim or pa..
(A) Indian Evidence Act, 1872- Section. 3- Eye witness- Testimony of –Reliability-Murder case- Evidence of witness is inconsistent with testimony of eye witnesses- He stated that pistol was fired on deceased but no gunshot injuries on body of decease..
A. Criminal procedure Code, 1973- Section 154- F.I.R. Delay in lodging – Murder case-Explanation of independent witness and others that they gave priority to the treatment of deceased and injured- Having been accepted by court below- Required no ..
A. Criminal Procedure Code, 1973 ― Section 228 ― Framing of charge ― At this stage, only prima facie case is to be seen ― It is not to be seen whether evidence collected by investigating agency is sufficient for conviction of ..
A. Indian Evidence Act, 1872- Section- 154- Hostile witness- Testimony of said witness- Murder case- Merely because a witness, for one reason or other, has, to some extent, resiled from his earlier statement- It self may not be sufficient to discard ..
A. Criminal Procedure Code 1973- Section 174- Inquest report- Purpose of – IS only to notice as to whether murder committed was homicidal in nature or not and not for making a note in regard to identification marks of accused. (Paras 4, 24) B. ..
A. Indian Evidence Act, 1872- Section 114- Presumption – Kidnapping and murder case- Recovery of articles would raise presumption of quilt- Application such presumption is limited – A presumption may be in respect of commission of theft or receipt o..
A. Criminal Procedure Code, 1973 ― Section 125 ― Maintenance ― Muslim divorced woman ― Not entitle to make an application under Section 125 of Cr.P.C. for maintenance against her former husband ― However; if she does not..
On 26/9/08 the Single Judge of A.P. High Court Hon'ble Justice Sri C.V.Nagarjuna Reddy Sent the Nizamabad District S.P., along with the C.I., and S.I., of police for two weeks imprisonment in a contempt of court proceedings and a fine of Rs.2,000/- w..
A. Indian Penal Code, 1860- Section 300 “thirdly”- Murder- Nineteen injuries caused in quick succession – Cannot be said to have been caused as a result of grave and sudden provocation- Fact that so many injuries were caused in quick succession whe..
A. Indian Evidence Act, 1872 ― Section 11 ― Plea of alibi ― Murder case ― Plea of alibi is to be established by accused who takes it ― Accused can do so either by adducing necessary evidence or even from evidence of pros..
if an application is moved in the pending case bringing to the notice of the court that any false evidence knowing well has been filed or fabricated in such proceedings, the court should dispose of the said application first before proceeding any fur..
Promotion - Post of Assistant Administrative Officer - Post reserved for Scheduled Tribe candidate - Appellant belonged to Schedule Caste - In advertisement respondent specifically mentioned that in case no eligible candidate are available in particu..
(A) Criminal Procedure Code, 1973, Section 156 and Section 202 - Investigation - Section 156 falling within chapter XII deals with powers of the police officers to investigate cognizable offences - Investigation envisaged in Section 202 contained in ..
Banking Regulation Act, 1949, Section 45 - Central Bank of India (Officers) Service Regulations, 1979, Regulation 19 - Retirement age - Dispute as to - Regulation 19 providing that recruitment in appellant Bank prior to 19.7.1969 but promoted as an o..
Select list - Validity of list had not been extended and three years have gone by - Not proper to grant relief on the basis of the new plea i.e extension of validity of list only by a period of 11 days and not a minimum period of three months. (Par..
Civil Procedure Code, 1908, Section 100 - Second Appeal - Merely because the Trial Court had occasion to see the witness that cannot be a ground to hold that First Appellate Court had pre-conceived notion - No reasons had been indicated by the High C..
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