Whether the Police have the power under the Code of Criminal Procedure to take specimen signature and writing of the accused for examination by the expert.

It was pointed out that during investigation, even the Magistrate cannot direct the accused to give his specimen signature on the asking of the police and only in the amendment of the Code of Criminal Procedure in 2005, power has been given to the Magistrate to direct any person including the accused to give his … Continue reading Whether the Police have the power under the Code of Criminal Procedure to take specimen signature and writing of the accused for examination by the expert.

Law of Confession under Indian Evidence Act

Section 164 Code of Criminal Procedure speaks about recording of confessions and statements. It reads thus: 164. Recording of confessions and statements. (1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this … Continue reading Law of Confession under Indian Evidence Act

Procedure and Procedural safeguards under NDPS Act must scrupulously be complied therewith.

AIR 2009 SC 3214 : (2009) 12 SCR 611 : JT 2009 (11) SC 516 : (2009) 10 SCALE 659 : (2009) CriLJ SC 4123 (SUPREME COURT OF INDIA) Sarju alias Ramu Appellant Versus State of U. P. Respondent (Before : S. B. Sinha And Deepak Verma, JJ.) Criminal Appeal No. 1446 of 2009 (arising … Continue reading Procedure and Procedural safeguards under NDPS Act must scrupulously be complied therewith.

Whether the Central Bureau of Investigation is empowered to conduct ‘fresh’/’re- investigation’ when the cognizance has already been taken by the Court of competent jurisdiction on the basis of a police report under Section 173 of the Code?

Supreme Court of India in Vinay Tyagi vs Irshad Ali @ Deepak & Ors decided on 13 December, 2012 2. The following two important questions of law which are likely to arise more often than not before the courts of competent jurisdiction fall for consideration of this Court in the present appeal : Question No.1 … Continue reading Whether the Central Bureau of Investigation is empowered to conduct ‘fresh’/’re- investigation’ when the cognizance has already been taken by the Court of competent jurisdiction on the basis of a police report under Section 173 of the Code?

Rights of an intermediary under West Bengal Estate Acquisition Act 1953

under section 6 of the West Bengal Estate Acquisition Act 1953 Right of  intermediary  to retain certain lands:- (1) Notwithstanding anything contained in sections 4 and 5, an intermediary shall, except in the cases mentioned in the proviso to sub-section (2) but subject to the other provision to  that sub-section, be entitled to retain with effect … Continue reading Rights of an intermediary under West Bengal Estate Acquisition Act 1953

Limitations in exercising the powers under Article 226 of the Constitution or under Section 482, Cr. P.C. to quash the criminal proceedings at the stage of F. I. R.

In State of Haryana v. Ch.Bhajan Lal, (1992) 1 Suppl. SCC 335, this Court has exhaustively considered after having referred to a number of decisions, the limitations in exercising the powers under Article 226 of the Constitution or under Section 482, Cr. P.C. to quash the criminal proceedings at the stage of F. I. R. … Continue reading Limitations in exercising the powers under Article 226 of the Constitution or under Section 482, Cr. P.C. to quash the criminal proceedings at the stage of F. I. R.

GENERAL EXCEPTIONS[Defence against offences] under Indian Penal code 1860

GO IPC 76 – Act done by a person bound, or by mistake of fact believing himself bound, by law 77 – Act of Judge when acting judicially 78 – Act done pursuant to the judgment or order of Court 79 – Act done by a person justified, or by mistake of fact believing himself, … Continue reading GENERAL EXCEPTIONS[Defence against offences] under Indian Penal code 1860

Whether the Award of the Arbitrator tantamounts to a Decree or not, Yes, an Award has to be enforced under the Code of Civil Procedure in the same manner as it were a Decree of the Court.

(SUPREME COURT OF INDIA) in Leela Hotels Ltd. Versus Housing and Urban Development Corporation Ltd. (2011) 12 SCALE 573 18. It was next submitted by the learned ASG that analogy of a post-decretal payment cannot be applied to an Arbitration Award under the 1996 Act for the simple reason that the Arbitration Award under the 1996 Act does not … Continue reading Whether the Award of the Arbitrator tantamounts to a Decree or not, Yes, an Award has to be enforced under the Code of Civil Procedure in the same manner as it were a Decree of the Court.

Bargadar, Law Relating To under West Bengal Land Reform Act 1955

West Bengal Land Reform Act 1955 Operation Barga was launched by Left Front Government in West Bengal in 1978 and concluded by the mid-1980s. Bargadar Means:- S 2(2) “bargadar” means a person who under the system generally known as adhi, barga or bhag cultivates the land of another person on condition of delivering a share of the produce of … Continue reading Bargadar, Law Relating To under West Bengal Land Reform Act 1955

Status of a post-vesting intermediary retaining any land under Section 6 is not that of a mere licensee, but that of a statutory tenant under West Bengal Estates Acquisition Act, 1953

Calcutta High Court (Appellete Side) in BRC Construction Company Private Limited and another vs The State Of West Bengal And Others [Decided on 8 April, 2015 in W.P.L.R.T. No. 353 of 2014]  Hon`ble Subhro Kamal Mukherjee held :   (a) the State cannot resume any land, which is within ceiling limit, according to Section 6(3) of the Estates Acquisition … Continue reading Status of a post-vesting intermediary retaining any land under Section 6 is not that of a mere licensee, but that of a statutory tenant under West Bengal Estates Acquisition Act, 1953

Whether there is any limitation for recovering the sum due as arrears of land revenue under the U.P. Public Moneys (Recovery of Dues) Act, 1972, and if there is none, whether recovery can be made within reasonable time or it is open to recover at any point of time?

Allahabad High Court in Narendra Kumar And Anr. vs Collector And Ors. on 23 March, 2004 Equivalent citations: (2004) 2 UPLBEC 2037 held : The Act does not provide for any period of limitation. But Sub-section (4) of Section 3 of the Act is extracted below : “3. (4) In the case of any agreement referred to … Continue reading Whether there is any limitation for recovering the sum due as arrears of land revenue under the U.P. Public Moneys (Recovery of Dues) Act, 1972, and if there is none, whether recovery can be made within reasonable time or it is open to recover at any point of time?

The High Court cannot in guise of exercising its jurisdiction under Article 227 convert itself into a Court of appeal

In Bathutmal Raichand Oswal vs. Laxmibai R. Tarta and another, (1975) 1 SCC 858, this Court held : “The High Court cannot in guise of exercising its jurisdiction under Article 227 convert itself into a Court of appeal when the Legislature has not conferred a right of appeal and made the decision of the subordinate … Continue reading The High Court cannot in guise of exercising its jurisdiction under Article 227 convert itself into a Court of appeal

Sub-tenancy under the West Bengal Premises Tenancy Act 1997

West Bengal Premises Tenancy Act 1997 26. Creation and termination of sub-tenancy to be notified. – (1) Where after the commencement of this Act, any premises is sublet, either in whole or in part, by the tenant with the previous consent in writing or the landlord, the tenant and every sub-tenant to whom the premises … Continue reading Sub-tenancy under the West Bengal Premises Tenancy Act 1997

A decree of eviction passed by the Civil Judge having jurisdiction, in a suit for eviction filed under Section 6 of the West Bengal Premises Tenancy act  is appealable under Section 96 of the A Civil Procedure Code 

Calcutta High Court In  Tapas Biswas Vs. Shyama Prosad Ghosal  (2008)4CALLT455(HC)] (A) whether any appeal lies against an order of eviction of a tenant passed under Section 6 of the West Bengal Premises Tenancy Act, 1997 or not and in the event the answer is in the affirmative, then what will be the forum for such appeal? If … Continue reading A decree of eviction passed by the Civil Judge having jurisdiction, in a suit for eviction filed under Section 6 of the West Bengal Premises Tenancy act  is appealable under Section 96 of the A Civil Procedure Code 

Preparation of Record-of-rights under West Bengal estate Acquisition Act 1953

CHAPTER V Preparation of Record-of-rights 39. Preparation of record-of-rights.—(1) Subject to the provisions of sub-section (4), the State Government may, for carrying out the purposes of this Act make an order directing— (a) that a record-of-rights be prepared in respect of any district, or part of a district, or (b) that the record-of-rights prepared and … Continue reading Preparation of Record-of-rights under West Bengal estate Acquisition Act 1953

Recovery of the possession under West Bengal Premises Tenancy Act 1997

Law Library West Bengal Premises Tenancy Act-1997 6. Protection of tenant against eviction – (1) Notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract, no order or decree for the recovery of the possession of any premises shall be made [by the Civil Judge … Continue reading Recovery of the possession under West Bengal Premises Tenancy Act 1997

Juvenile Justice Board Under Juvenile Justice (Care and Protection of Children) Act, 2015

Juvenile Justice (Care and Protection of Children) Act, 2015 4. Juvenile Justice Board (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the State Government shall, constitute for every district, one or more Juvenile Justice Boards for exercising the powers and discharging its functions relating to children in conflict with law … Continue reading Juvenile Justice Board Under Juvenile Justice (Care and Protection of Children) Act, 2015

Though an arbitrator is specified in the agreement for arbitration, if circumstances so warrant, the Chief Justice or the designated Judge is free to appoint an independent arbitrator

Supreme court in the case of Union of India v. BESCO Ltd. [Civil Appeal No.4483 of 2017], while examining the issue as to whether the Chief Justice of a High Court or any person or institution designated by him, while exercising power under Section 11(6) of the Arbitration and Conciliation Act, 1996 is bound to … Continue reading Though an arbitrator is specified in the agreement for arbitration, if circumstances so warrant, the Chief Justice or the designated Judge is free to appoint an independent arbitrator

Private individuals can be prosecuted by the Court on the ground that they have abetted the act of criminal misconduct falling under Section 13(1)(e) of PC Act 1988 committed by the public servant

Supreme Court  in the case of State of Karnataka v. Selvi J. Jayalalitha & Ors. [Criminal Appeal Nos.300 – 303 of 2017], wherein charges were framed against A1 – former Chief Minister of the State of Tamil Nadu and the co-accused viz. A2, A3 and A4 (respondents), for commission of alleged offences punishable under Section … Continue reading Private individuals can be prosecuted by the Court on the ground that they have abetted the act of criminal misconduct falling under Section 13(1)(e) of PC Act 1988 committed by the public servant

The power of President under Article 123 of the Constitution and the Governor under Article 213 is legislative in character and is conditional in nature

SUPREME COURT in Krishna Kumar Singh & Anr. v. State of Bihar & Ors. [Civil Appeal No.5875 of 1994], a seven-judge Bench examined the power of the Executive to make law through ordinance, and inter alia held per majority, that the power conferred upon the President under Article 123 of the Constitution and the Governor under Article 213 is … Continue reading The power of President under Article 123 of the Constitution and the Governor under Article 213 is legislative in character and is conditional in nature

Law Notice and Notice under Multiple Statutes

Advocate’s Legal Notice Assignment of Notice Auction Notice Business Notice Classification of Notices Decuments and Notices Definitions and Construction under Notices Disobeying Legal Notice Distinction between general notice and legal notice Easements and Licences Notices Educational Notices Electronic Notice Environment Protection Notices Having Notice of  Circumstances Illegal Notice Ingredient of a legal Notices Judicial Notice … Continue reading Law Notice and Notice under Multiple Statutes

PROCEDURAL SAFEGUARDS UNDER THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985[NDPS]

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 41. Power to issue warrant and authorisation.— (1) A Metropolitan Magistrate or a Magistrate of the first class or any Magistrate of the second-class specially empowered by the State Government in this behalf, may issue a warrant for the arrest of any person whom he has reason to … Continue reading PROCEDURAL SAFEGUARDS UNDER THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985[NDPS]

Circumstances in which a trial can be transferred to dispense fair and impartial justice

Supreme Court, on various occasions, had opportunity to discuss the importance of fair trial in Criminal Justice System and various circumstances in which a trial can be transferred to dispense fair and impartial justice. It would be advantageous to notice a few decisions of this Court with regard to the scope of Section 406 of … Continue reading Circumstances in which a trial can be transferred to dispense fair and impartial justice