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Mitul Kumari (Practicing Advocate)     19 December 2011


A notes on 

appeal from order


 7 Replies

aruntrivedi (lawyer)     20 December 2011

give complete details

Mitul Kumari (Practicing Advocate)     20 December 2011

I am a student and wanted some notes on "Appeal from orders". Cudnot get anything online. I hope some1 can help me in this regard.

aruntrivedi (lawyer)     21 December 2011

you can come to my office shall guide you.

M G Shanmughan (Retired Deputy Director of Prosecution)     23 December 2011

You may go through Criminal Procedure Code, Civil Procedure Code and its commentaries 

aruntrivedi (lawyer)     24 December 2011

refer mogha's pleading and practice

nr.mohanraam (silversmith)     18 December 2012

police officer is a public  officer.AIR 1970.KERALA.273; 1970.KER.L.T.175.

nr.mohanraam (silversmith)     18 December 2012

"161. Examination of witnesses by police -

(1) Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case."

(2) Such person shall be bound to answer truly all questions relating to the case ....

(3) The police officer may reduce into writing ....."

23. The contention of Mr. Gujral, appearing for the petitioner that documents forming acts or records of acts of police in exercising powers under the Code of Criminal Procedure, are public documents, is supported by the judgment of Kerala High Court in the case, v. J. Thomas v. State of Kerala, AIR 1970 Ker 273 : (1970 Cri LJ 1499).

24. Mr. P. P. Khurana who appears for the respondent, contends that S. 74, Evidence Act, has to be read with S. 76 of the Act. Section 76 reads as under :-

"76. Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefore, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorized by law to make use of seal; and such copies so certified shall be called certified copies."


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