4. What should be the proportion between (i) Case property and property mixed with it (ii) Culprit and the persons mixed with him ? Whether there can be one test identification parade for more than one accused ? Whether an at what stage an accused can refuse to participate in test identification parade ? What legal recourse should taken place in such event ?
3. Whether identifying any person or property during test identification (T.I.) parade amounts to “statement made to a Judicial Magistrate during investigation”, requiring observance of formalities as provided in section 164 Cr.P.C. ? Mention the section of Evidence Act which makes the evidence of test identification parade to be relevant ?
2. Whether oath is to be administered to (i) An accused (ii) A witness or (iii) A Child witness before recording his confession / statement under this provision ?
1. Who can move an application for recording statement u/s. 164 Cr.P.C. ? Whether Court can suo-moto record such statement ? Whether and in what circumstances such direction can be given by any Higher Court and thereafter, what procedure should be followed ?
Procedure for recording statement under Section 164 Cr.P.C., holding test identification parade of a person as well as case property. What is needed so that statement become substantive piece of evidence.
repected members,
i have filed a contempt petion agains two employees of forest deptt. haryana, and court summoned them, and they appear, but now divisional forest officer had filed the written statement of behalf of two employees, but d.f.o is not a party to our case, and the work was done by the employees in their private capacity, d.f.o is not a party to our complaint, and d.f.o has not filed application for impleading party. the presecution deppt. haryana directed the Public prosecuter to defend (specific words in letter) specially on behalf of " State of Harayna". but now d.f.o and P.P is defending them, however D.F.O and state of haryana is not a party to our Complaint, now plz give me authority/sitation that the act done by govt. employees in private capacity, the D.f.O cant fight on behalf of them, and the employees ar personally party to the contmpt complaint, so they will defend their case themself.
thanx i am waiting for sitation/authority.
repected members,
i have filed a contempt petion agains two employees of forest deptt. haryana, and court summoned them, and they appear, but now divisional forest officer had filed the written statement of behalf of two employees, but d.f.o is not a party to our case, and the work was done by the employees in their private capacity, d.f.o is not a party to our complaint, and d.f.o has not filed application for impleading party. the presecution deppt. haryana directed the Public prosecuter specially on behalf of " State of Harayna". but now d.f.o and P.P is defending them, however D.F.O and state of haryana is not a party to our Complaint, now plz give me authority/sitation that the act done by govt. employees in private capacity, the D.f.O cant fight on behalf of them, and the employees ar personally party to the contmpt complaint, so they will defend their case themself.
thanx i am waiting for sitation/authority.
bharat borikar
26 March 2010 at 23:54
sir, please tell me that what is the stamp duty under Bombay stamp act leaved on gift deed if gift deed made in favour of nepwee by his real uncle.
Anonymous
26 March 2010 at 22:05
When the complainant is asked by an application to the court to produce books of accounts pending cross exam.and when such documents are produced,whether the other side has right to cross exam. the witness on books of accounts produced ?
Section 164 Cr.P.C
5. “Oral statement given by a witness during trial is substantive evidence”. What can be a supplemental to this statement ?