Once a request for extradition is received in India, the Central Government may by virtue of Section 5 of the Extradition Act issue an order to any Magistrate who would have jurisdiction to inquire into the offence if it had been an offence committed within the local limits of his jurisdiction to inquire into the case. … Read More Procedure to be followed by the Magistrate in Case of Extradition inquiry
Under Criminal Procedure Code Section -176. Inquiry by Magistrate into cause of death (1) When the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 174, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 174, any… Read More Inquiry by Magistrate into cause of death
A criminal trial is a judicial examination of the issues in the case and its purpose is to arrive at a judgment on an issue as to a fact or relevant facts which may lead to the discovery of the fact issue and obtain proof of such facts at which the prosecution and the accused… Read More Ordinary Provisions for Inquiry and Trials before Criminal Courts in India
As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made are as under: (a) Matrimonial disputes/family disputes (b) Commercial offences (c) Medical negligence cases (d) Corruption cases (e) Cases where there… Read More Cases where Preliminary Inquiry is required
CHAPTER I Organisation 1. Interpretations. [§ 12, Act V, 1861]. – In these Regulations, unless there is anything repugnant in the subject or context, – (i) the word “Superintendent” means Superintendent of Police and includes a Special Superintendent, an Additional Superintendent and any officer, not below the rank of Inspector, temporarily discharging the duties of… Read More Police Regulations, Bengal – 1943
When Governments unreasonably refuse to eliminate creamy layers from the backward classes or when governments tend to include more and more castes in the list of Backward Classes without adequate data and inquiry, a stage will be reached soon when the whole system of reservation will become farcical and a negation of the constitutional provisions relating to reservations. The resistance of the creamy layer to get out of the lists is as bad as the clamour for entry into the quota system of various castes whose social status does not conform to the law decided by this Court. We earnestly hope that Constitutional provisions will not be converted into citadels for unjustified patronage.… Read More The doctrine of Creamy Layers in Indian job reservation
Supreme court dismissed the writ petition U/a 32, now the High court shall not entertain a petition U/A 226 of the Constitution.
After dismissal of the writ petition by the Hon’ble Apex Court, the petitioner has not filed any review petition. It was open to the petitioner to file review and in case of its dismissal a curative petition. He has failed to point out as to why the same was not done. At his juncture, we may clarify that before Hon’ble Apex Court Annexure P-14 (which is annexure No. 1 to the instant writ petition), the order passed by respondent No. 2 dated 23.10.2004 was challenged. In the given circumstances, we find that neither review was filed nor any curative petition was filed nor it is stated before this Court that any such petition is pending before the Hon’ble Apex Court. Accordingly, finality is to be attached to the order passed by the Hon’ble Apex Court on 11.4.2005. Even at this stage, the petitioner has not pressed before this Court that he is inclined to file such petition before the Hon’ble Apex Court. Consequently, we have to proceed with the matter with the assumption that the order passed by Hon’ble Apex Court has become final as the same has not so far been challenged before the Hon’ble Supreme Court.… Read More DR. SUBRAMANIAN SWAMY Vs. THE ELECTION COMMISSION OF INDIA AND OTHERS [ALL HC 2007 ALLAHABAD]
A number of judgments have been cited including the celebrated Supreme Court judgment in Supreme Court Bar Association v. Union of India & Another, 1998 (4) SCC 409, in which a Constitution Bench of this Court held that Article 142 cannot authorize the Court to ignore the substantive rights of a litigant while dealing with the cause pending before it and cannot be used to supplant the substantive law applicable to the cause before this Court. A large number of other judgments following this judgment were also cited. … Read More STATE (THROUGH) CENTRAL BUREAU OF INVESTIGATION Vs. SHRI KALYAN SINGH (FORMER CM OF UP)[ALL SC 2017 APRIL]
For the reasons aforementioned, we are inclined to direct as follows :-
(1) Respondents shall launch a vigorous enquiry in accordance with law by appointing, if necessary, a Commission of Enquiry as a special case for the purpose of giving an end to the controversy
(a) whether Netaji Subhas Chandra Bose is dead or alive;
(b) if he is dead whether he died in the plane crash, as alleged;
(c) whether the ashes in the Japanese temple are ashes of Netaji;
(d) whether he has died in any other manner at any other place and, if so, when and how;
(e) If he is alive, in respect of his whereabouts.
(2) The respondents shall follow for the said purpose the directions of this Court given in W.P. No. 1805 of 1997 namely, to take the people of India in confidence;
(3) Respondents shall at appropriate level examine/scrutinise all publications pertaining to the matter as above and proscribe, if necessary, all such publications which appear to touch the question of death or otherwise of Netaji if the same has the effect of disturbing the public order and causing incitement of violence;
(4) Respondents, if so advised, shall inform all Publication Houses to take its prior permission before any publication or the subject above is made and before granting such permission scrutinise in the manner as indicated above.… Read More Despite all attempts nothing positive came out about disappearance of Subhas Ch Bose.
In deference to the sentiments expressed by the public and by the members of the family of Netaji Subhas Chandra Bose, the Government of India did not proceed further to confer the award and hence the name was not published in the Gazette of India, nor was it entered in the register of recipients, nor was any decoration conferred by the President by a Sanad under his hand and seal. That is why the affidavit filed on behalf of the Union of India states that the matter , was closed in the sense that no further steps were taken for conferment of Bharat Ratna on Netaji Subhas Chandra Bose. Since the award has not in fact been conferred, the question of cancellation or annulment of the award under Clause 10 does not arise.
… Read More Bharat Ratna and Subhas Ch Bose Controversy
Notification No. F. 16 (2) Home (A.Gr. 1) 65, dated April 12, 1965-In exercise of the powers conferred by sections 45 of and 46 of the Police Act, 1861 (Act V of 1861), as in force, and as applied to Ajmer area and the pre reorganisation State of Rajasthan, read with secs. 41 and 42… Read More Rajasthan Police Rules, 1965
It means that a FIR can be filed in any police station (i.e.irrespective of place of incident/jurisdiction) and the same can be later transferred to the appropriate Police Station. As per rules, a zero FIR is filed in a police station which is not in charge of the area where the crime took place and can be transferred… Read More What is Zero FIR
Under Bengal Police regulation IV. – Unnatural deaths and injuries. 299. Inquiries into unnatural and suspicious deaths. First information to be submitted. [§ 12, Act V, 1861]. – (a) Immediately after receipt of information of a death occurring in any of the circumstances mentioned in section 174, Code of Criminal Procedure, a First Information Form… Read More Investigation of Unnatural death case by Bengal Police
Police Regulations, Bengal – 1943 CHAPTER II Relations with other departments Relations of police officers with other servants of the Crown, local authorities and the public. 13. Position of Commissioners. – (a) The Commissioner, as the local head of the administration, shall exercise supervision and control over the action of the District Magistrate in police… Read More Bengal police regulation [Chapter II]