It is the duty of the Court to examine the accused and seek his explanation on incriminating material that has surfaced against him.

Section 313 Code No matter how weak or scanty the prosecution evidence is in regard to certain incriminating material, it is the duty of the Court to examine the accused and seek his explanation on incriminating material that has surfaced against him. Section 313 Code of Criminal Procedure is based on the fundamental principle of… Read More It is the duty of the Court to examine the accused and seek his explanation on incriminating material that has surfaced against him.

whether recall of witnesses, at the stage when statement of accused under Section 313 of the Code of Criminal Procedure (“Cr.P.C.”) has been recorded, could be allowed on the plea that the defence counsel was not competent and had not effectively cross-examined the witnesses.

In AG Vs. Shiv Kumar Yadav & ANR.[Criminal Appeal Nos.1187-1188 of 2015 arising out of SLP (CRL) Nos.1899-1900 of 2015] Following observations have been made by the Supreme court : fairness of trial has to be seen not only from the point of view of the accused, but also from the point of view of the… Read More whether recall of witnesses, at the stage when statement of accused under Section 313 of the Code of Criminal Procedure (“Cr.P.C.”) has been recorded, could be allowed on the plea that the defence counsel was not competent and had not effectively cross-examined the witnesses.

Power to summon material witness, or examine person under section 311 of Cr.P.C

311. Power to summon material witness, or examine person present Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court… Read More Power to summon material witness, or examine person under section 311 of Cr.P.C

Police Regulations, Bengal – 1943

  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

Whether the omission of the signature of the witness renders the deposition incomplete-NO

13-09-1991- Rules of procedure are not by themselves an end but the means to achieve the ends of justice. Rules of procedure are tools forged to achieve justice and are not hurdles to obstruct the pathway to justice. Construction of a rule of procedure which promotes justice and prevents its miscarriage by enabling the court… Read More Whether the omission of the signature of the witness renders the deposition incomplete-NO

West Bengal Policy and Guidelines for Setting up Self-financing Degree Colleges in West Bengal-2015

Accordingly, the State Government considers it necessary to frame this Policy and Guidelines to provide a stable and predictable framework of rules for private investment in setting up degree colleges. The intention of the Policy is to encourage the spread of higher education in under-served mofussil areas away from Kolkata, where significant demand exists for college studies, considering the steady increase in the number of high school pass outs across the State.… Read More West Bengal Policy and Guidelines for Setting up Self-financing Degree Colleges in West Bengal-2015

Code of Regulations for Anglo-Indian and other listed Schools 1993 – Govt of WB

Anglo-Indian school” means an institution, including all standards. and divisions thereof, established under the Code of Regulations for European (now Anglo-Indian) Schools in Bengal (now West Bengal), 1929 (hereinafter referred to in this Code as the existing Code) and continuing as such on the dale of coming into force of this Code, provided that such institution continues to fulfill the conditions for recognition laid down in this Code, and particularly in regulation 8.… Read More Code of Regulations for Anglo-Indian and other listed Schools 1993 – Govt of WB

What is the meaning of ‘best before the date’ written on the body of a food container

ne can Complain that the label did not contain “best before date” and hence the food item was misbranded, as it contravened R.32(i) of the Prevention of Food Adulteration Rules. Since the item involved in this case was having a short shelf life of less than three months, it was necessary to mention only the date of manufacture on the label. Therefore, the only violation alleged by the Public Analyst was that instead of showing “best before date” on the label, the food item in this case had the label “assurance 30 days”.

 I may now consider as to whether by writing the words ‘assurance 30 days’ instead of ‘best before date’, it would contravene R.32(i) of the Prevention of Food Adulteration Rules, 1955. By using the words “best before date”, the meaning intended to be conveyed is that the consumer must use it before that date. I may now examine whether the public would be misguided by writing the words “assurance 30 days” instead of writing ‘best before date’ on the label. For that purpose, it is necessary to understand the meaning of the word “assurance”. In P. Ramanatha Aiyar’s Advanced Law Lexicon, fourth edition, the word ‘assurance’ in contract means “making secure” or “insure”. In Oxford Advanced Learner’s Dictionary of Current English, Ninth Edition, the synonym of the word ‘assurance’ is ‘guarantee’. Therefore, even though the terminology found in ‘assurance 30 days’ and ‘best before date’, differs in appearance, actually, no consumer would definitely be misguided, if he happens to see the words ‘assurance 30 days’. In the said circumstances, even if the words ‘best before date’ are not there and instead, the words assurance 30 days’ are there, it will not, in any way mislead the consumer, and hence by no stretch of imagination, it can be said that the product had been misbranded, particularly when the product was not adulterated.… Read More What is the meaning of ‘best before the date’ written on the body of a food container

Vocabulary used of Indian Contract Act

Here we collected all the unique words used by the legislature for constituting and drafting The Indian Contract Act. We shall gradually explain the use and inherent meaning attached to each word. Abide Able About Absence Absents Absolute Absolutely Abstain Abstained Abstains Abstinence Accept Acceptance Accepted Accepting Acceptor Accepts According Accordingly Account Accounts Acquiescence Acquired… Read More Vocabulary used of Indian Contract Act

Calcutta High Court clarified the meaning “time requisite” in Section 12(2) of the Limitation Act for Certified Copy

The position has also been made clear by the latest Supreme Court decision on this point in the case of the The Commissioner of Sales Tax, U.P. Vs. Madan Lal Das and Sons, Bareilly, . This decision interpreted Section 12(2) of the Limitation Act 1963 and following its earlier decision in the case of State of Uttar Pradesh Vs. Maharaj Narain and Others, the Supreme Court observed that the expression “time requisite” in Section 12(2) of the Limitation Act cannot be understood as the time absolutely necessary for obtaining the copy of the order.… Read More Calcutta High Court clarified the meaning “time requisite” in Section 12(2) of the Limitation Act for Certified Copy