CIVIL, Criminal

Sister Mina Lalitha Baruwa vs State Of Orissa & Ors [SC 2013 DECEMBER]

KEYWORDS:- Recalling witness- private prosecutor- A reading Sections 301 and 311 together keeping in mind a situation like the one on hand, it will have to be stated that the trial Court should have examined whether invocation of Section 311 was required to arrive at a just decision. In other words even if in the… Continue reading Sister Mina Lalitha Baruwa vs State Of Orissa & Ors [SC 2013 DECEMBER]

CIVIL, Criminal

Johar and Ors Vs Mangal Prasad and Anr [SC 2008 January ]

KEYWORDS:- Revision by private person - Jurisdiction of the High Court to entertain revision against acquittal is not barred, but is severally restricted. The High Court, in its revisional power, would not, ordinarily, interfere with the judgment of acquittal passed by the trial court unless there has been apparent error of law or procedure or… Continue reading Johar and Ors Vs Mangal Prasad and Anr [SC 2008 January ]

CIVIL, Criminal

Rights of the Victim in Prosecution

Criminal Procedure Code under Amendment of 2009 ( W.E.F 31.12.2009) recognized the place of Victim and Victim's role in prosecution and appeal. Definition of Victim U/S 2 [wa]- "victim" means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the… Continue reading Rights of the Victim in Prosecution

Criminal

M/S JK INTERNATIONAL Vs. STATE, GOVT OF NCT OF DELHI AND OTHERS [SC 2001 February]

KEYWORDS:- PRIVATE PROSECUTOR- VICTIM-NOTICE- The said provision falls within the Chapter titled General Provisions as to Inquiries and Trials. When such a role is permitted to be played by a private person, though it is a limited role, even in the sessions courts, that is enough to show that the private person, if he is… Continue reading M/S JK INTERNATIONAL Vs. STATE, GOVT OF NCT OF DELHI AND OTHERS [SC 2001 February]

Criminal

Chandra Pillai vs State Of Kerala[Kerala 2009 January]

Keywords:- Private prosecutor Act: Section 301(2) Cr.P.C Date : 15 January, 2009 IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 37187 of 2008(B) 1. CHANDRA PILLAI, S/O.NEELAKANTAN PILLAI, ... Petitioner Vs 1. STATE OF KERALA 2. DISTRICT COLLECTOR, KOLLAM. 3. SUPERINTENDENT OF POLICE, KOLLAM. 4. STATION HOUSE OFFICER, POLICE STATION, 5. HARICHANDRAN PILLAI, 6.… Continue reading Chandra Pillai vs State Of Kerala[Kerala 2009 January]

CIVIL, Taxation

Offences and Prosecution under Income Tax Act 1961

Section - 275A : Contravention of order made under sub-section (3) of section 132 Section - 275B : Failure to comply with the provisions of clause (iib) of sub-section (1) of section 132 Section - 276 : Removal, concealment, transfer or delivery of property to thwart tax recovery Section - 276A : Failure to comply… Continue reading Offences and Prosecution under Income Tax Act 1961

Criminal

Distinction between the role of Public Prosecutor in a Session Trial vis-a-vis trial in Magisterial Courts

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… Continue reading Distinction between the role of Public Prosecutor in a Session Trial vis-a-vis trial in Magisterial Courts

Criminal

Prosecution Code

A. Introduction Prosecutors should identify and, where possible, seek to rectify evidential weaknesses, but, subject to the Threshold Test , they should swiftly stop cases which do not meet the evidential stage of the testing which cannot be strengthened by further investigation, or where the public interest clearly does not require a prosecution. Although prosecutors primarily consider the evidence and… Continue reading Prosecution Code

Criminal

Records of Prosecutors under UP Prosecution Manual

Directorate of Prosecution came into existence in 1980. In 1974 Appointment of APPRegulations 1974 was framed. In 1991 UP Prosecuting Officers Service Regulations 1991prepared to govern appointment Service conditions etc. of Prosecutors. Prosecutors’Court Diary Witness Register Malkhana Register Absconder Register Court Moharrir Inspection Register ACquittals Report Register for both Lower/Sessions Court Prosecution of State cases… Continue reading Records of Prosecutors under UP Prosecution Manual