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, in appropriate case the Court can grant the permission to even non Advocate person to represent the party who so wishes, but such other person can not practice the … Continue reading Non-Advocate can represent a Party in Court
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 foreign country, the signature of the notary or judge before whom it is executed is required to be legalised by an accredited representative of the Indian … Continue reading Registration of Power of Attorney
228. Coupled with the above, since the present appellant’s application was made under articles 226 and also 227, and, as we have already indicated above article 227 was not attracted, as against that part of the order, whereby the learned trial court had declined to direct further investigation at the instance of the present appellant, there was no impediment, on the part of the learned … Continue reading Whether High Court can invoke its extraordinary jurisdiction under article 226 if article 227 is, otherwise, not attracted
203. 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 correct and in accordance with law, the question of reversing such an order in exercise of power under article 227 does not arise. Same is … Continue reading Scope of High Court’s power to direct further investigation’ under articles 226, 227 and section 482 of the code
194. Before proceeding further, it needs to be noted that section 311 of the code,cannot be a substitute for investigation or further investigation inasmuch as investigation does not consist of only examination of persons acquainted with the facts of a given case either as witnesses or as accused; rather, investigation involves various other steps, such as, search and seizure. Investigation may also include various forensic examinations. … Continue reading Whether the court’s power under section 311 and section 319 can be effective substitute 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 tainted investigation cannot give rise to a valid charge sheet, because such on investigation would, ultimately, prove to be precursor of miscarriage of criminal justice. Not … Continue reading Co-relation between fair investigation and fair trial
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 that the prosecution of every accused must strictly conform to fairness of a criminal trial. 177. As indicated above, a Public Prosecutor’s role is not ensure … Continue reading Can Session prosecution be conducted by the counsel of a victim ?
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 , the appellant, who carried the matter to the Supreme Court, was aggrieved, because the counsel, engaged by him, was not allowed by the High Court to … Continue reading Distinction between the role of Public Prosecutor in a Session Trial vis-a-vis trial in Magisterial Courts
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 the commission of the offence, which may consist of (a) the examination of various persons (including the accused) and the reduction of their statements into writing, … Continue reading Concept of further investigation
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 case , that court can, in order to advance the cause of justice, direct ‘further investigation’, the Supreme Court clearly pointed out, in Randhir Singh Rana’s … Continue reading Whether a subordinate court can direct further investigation to arrive at a just decision of a case?