In Harishankar Rastogi v/s. Giridhari Sharma, AIR 1978 Supreme Court 1019, wherein after considering the provisions u/sec.29, 30, 32 of the Advocates Act and u/sec.302, 303,304 & sec. 2 (q) of Cr. P. C. the Hon’ble Apex Court has held that,...
Day: November 18, 2017
Registration of power of attorney is not compulsory. However, a power of attorney given for transfer of an immovable property of value more than Rs.100 must be compulsorily registered. If a power of attorney has been executed in a...
If therefore, a subordinate court or tribunal does not have a particular power and refuses, therefore, to pass on order, such an order cannot be interfered with by invoking article 227. Though such an order if otherwise unjust, may...
What is, now, extremely important to note is that article 227 vests in the High Court the power of supervisory jurisdiction so as to keep the courts and tribunals within the bounds of law. When a court’s order is...
Section 311 and 319 of Cr.P.C cannot be used for further investigation
186. Having pointed out the role, which a Public Prosecutor is required to play, particularly, in a sessions trial, it may also be, at the cost of repetition, emphasized that a defective, biased or mala fide investigation or a...
In Shiv Kumar`s case , the legislative intention becomes manifestly clear that prosecution, in a sessions court, cannot, under the scheme of the Code, be conducted by any one other than the Public Prosecutor. The Legislature reminds the State...
170. We may point out that under the scheme of the Code, a sessions trial is required to be conducted by a Public Prosecutor and not by a counsel engaged by the aggrieved party. 171. In Shiv Kumar ,...
Under the Code ‘investigation’ consists, generally, of the following steps: (1) Proceeding to the spot, (2) Ascertainment of the facts and circumstances of the case, (3) Discovery and arrest of the suspected offender, (4) Collection of evidence relating to...
Whether a subordinate court can direct further investigation to arrive at a just decision of a case?
7 min read
Whether a subordinate court can direct further investigation to arrive at a just decision of a case?
Whether a subordinate court can, as held in Mehar Sing’s case (supra), direct, in the name of advancing the cause of justice, ‘further investigation’? In answer to this volcanic question and disagreeing with the views expressed, in Mehar Sing’s...
Final Report The decision, in STATE OF RAJASTHAN VS. ARUNA DEVI AND OTHERS[1995 SCC (1) 1] , has, thus, two important aspects, namely, even after acceptance of the ‘final report’, ‘further investigation’, at the instance of the police, is permissible even...
While considering the above aspect , it needs to be noted that before coming into force of the Code of Criminal Procedure, 1973, there was no specific provision in the Code of Criminal Procedure, 1898, authorizing or empowering the...
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