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Veritatis et quasi architecto.

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Judgements

Whether a judicial Magistrate, after taking cognizance of an offence, on the basis of a police report and after appearance of the accused in pursuance of the process issued, can order of its own, further investigation (2017-02-02)

Code of Criminal Procedure, 1973; S. 156 (3) ----- Further investigation --- -- Held: on receipt of the report, before taking cognizance of the offence alleged, may direct further investigation under sub-Section (3) of Section 156 Cr.P.C. and require the police to make further report and that such power can be exercised suo motu, contingent on its satisfaction of the necessity thereof to espouse the cause of justice. (Para 27)

Code of Criminal Procedure, 1973; S. 156(3) ---- Whether a judicial Magistrate, after taking cognizance of an offence, on the basis of a police report and after appearance of the accused in pursuance of the process issued, can order of its own, further investigation ----- Held: the Magistrate of his own, cannot order further investigation after the accused had entered appearance pursuant to a process issued to him subsequent to the taking of the cognizance by him. (Para 31)

Code of Criminal Procedure, 1973; S. 173(8) ----- Whether, after the chargesheet had been filed by the investigating agency under Section 173(2) Cr.P.C, and charge had been framed against some of the accused persons on the basis thereof, and other co-accused had been discharged, the Magistrate could direct the investigating agency to conduct a re-investigation or further investigation under sub-Section (8) of Section 173 ----- Held: after taking cognizance of an offence on the basis of a police report and after the appearance of the accused, a Magistrate cannot of its own order further investigation, though such an order could be passed on the application of the investigating authority ----- the power of the investigating officer to make a prayer for conducting further investigation in terms of Section 173(8) of the Code was not taken away only because a charge-sheet had been filed under Section 173(2) and a further investigation was permissible even if cognizance had been taken by the Magistrate ----- once a charge-sheet was filed under Section 173(2) Cr.P.C and either charges have been framed or the accused have been discharged, the Magistrate may on the basis of a protest petition, take cognizance of the offence complained of or on the application made by the investigating authority, permit further investigation under Section 173(8), but he cannot suo motu direct a further investigation or order a re-investigation into a case on account of the bar of Section 167(2) of the Code. (Para 32, 33)

Code of Criminal Procedure, 1973; S. 173(8) ----- Whether in exercise of powers under Section 173 Cr.P.C, the Trial Court has the jurisdiction to ignore any of the police reports, where there was more than one, whether by the same or different investigating agencies submitted in furtherance of the orders of a Court ----- Held: the investigating agency was thus competent to file a report supplementary to its primary report and that the former was to be treated by the Court in continuation of the latter. (Para 36)

Code of Criminal Procedure, 1973; S. 173 ----- Whether Magistrate can direct further investigation either suo moto or on the prayer of the informant after the final report had been submitted, cognizance had been taken, accused had appeared, and trial is underway ----- Held: that though the investigating agency concerned has been invested with the power to undertake further investigation desirably after informing the Court thereof, before which it had submitted its report and obtaining its approval, no such power is available therefor to the learned Magistrate after cognizance has been taken on the basis of the earlier report, process has been issued and accused has entered appearance in response thereto. At that stage, neither the learned Magistrate suo motu nor on an application filed by the complainant/informant direct further investigation. Such a course would be open only on the request of the investigating agency and that too, in circumstances warranting further investigation on the detection of material evidence only to secure fair investigation and trial, the life purpose of the adjudication in hand ----- Though the Magistrate has the power to direct investigation under Section 156(3) at the pre-cognizance stage even after a charge-sheet or a closure report is submitted, once cognizance is taken and the accused person appears pursuant thereto, he would be bereft of any competence to direct further investigation either suo motu or acting on the request or prayer of the complainant/informant.

Words and Phrases ----- Investigation, Further Investigation and De novo Investigation ----- Held: Whereas initial investigation was alluded to be one conducted in furtherance of registration of an FIR leading to a final report under Section 173(2) of the Code, further investigation was a phenomenon where the investigating officer would obtain further oral or documentary evidence after the final report had already been submitted, so much so that the report on the basis of the subsequent disclosures/discoveries by way of such evidence would be in consolidation and in continuation of the previous investigation and the report yielded thereby. “Fresh investigation” “reinvestigation” “de novo investigation”, however is an exercise, which it was held, could neither be undertaken by the investigating agency suo motu nor could be ordered by the Magistrate and that it was essentially within the domain of the higher judiciary to direct the same and that too under limited compelling circumstances warranting such probe to ensure a just and fair investigation and trial. (Para 39)

Non-appearance of the complainant (2016-02-29)

Code of Criminal Procedure, 1973; S. 256 -- Negotiable Instruments Act, 1882; S. 138—Whether dismissal of complaint due to non-appearance of the complainant amounts to acquittal of the accused... Read More

Grant of Bail (2017-08-21)

Code of Criminal Procedure, 1973; S. 439 ----- Grant of Bail ----- The court granting bail should exercise its discretion in a judicious manner and not as a matter of course ---- Though at the stage... Read More

Owner taken reasonable care to find out driver details

Motor Vehicles Act, 1988; S. 166 -- As to whether the owner has taken reasonable care to find out as to whether the driving licence produced by the driver (a fake one or otherwise), does not fulfil... Read More

Insurance Company repudiated the insurance claim of the appellant citing breach of Condition (2017-10-04)

Consumer Protection Act, 1986; Insurance Company repudiated the insurance claim of the appellant citing breach of Condition No. 1, i.e. immediate information about the loss/theft of the vehicle... Read More

Limitation in filing the complaint under the DV Act (2013-10-09)

Protection of Women from Domestic Violence Act, 2005; -- Whether limitation in filing the complaint under the DV Act, 2005 is one year – Held: In case of subsisting relatiohship of husband and... Read More

Complainant and accused both are working in Government College (2014-11-13)

Negotiable Instruments Act, 1881; S.138 ---- Complainant and accused both are working in Government College ----- Both are governed by the Government Servants’ Conduct Rules which prescribes... Read More

Protection of Women from Domestic Violence ------ Relief when the complainant/wife failed to prove Domestic Violence (2014-05-05)

Protection of Women from Domestic Violence, 2005; Ss. 18, 19, 20 ------ Relief when the complainant/wife failed to prove Domestic Violence -------- Held: since the learned Magistrate has come to... Read More

Whether Whatsapp forward can be treated as document as per Evidence Act (2017-05-22)

Evidence Act, 1872; ----- Whether Whatsapp forward can be treated as document as per Evidence Act ----- Held: Annexure - A does not even qualify as a document in terms of the Evidence Act, 1872, in... Read More

A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property (2011-10-11)

Power of Attorney Act, 1882; S. 1A , 2 ------ Transfer of Property Act, 1882 : Validity and legality of SA/GPA/WILL transaction ----- A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property ----- The power of attorney is creation of an agency whereby the grantor authorizes the grantee to do the acts specified therein, on behalf of grantor, which when executed will be binding on the grantor as if done by him ----- An attorney holder may however execute a deed of conveyance in exercise of the power granted under the power of attorney and convey title on behalf of the grantor ----- SA/GPA/WILL transaction does not convey any title nor create any interest in an immovable property ----- the “concept of power of attorney sales have been recognized as a mode of transaction” when dealing with transactions by way of SA/GPA/WILL are unwarranted and not justified, unintendedly misleading the general public into thinking that SA/GPA/WILL transactions are some kind of a recognized or accepted mode of transfer and that it can be a valid substitute for a sale deed.
Such decisions to the extent they recognize or accept SA/GPA/WILL transactions as concluded transfers, as contrasted from an agreement to transfer, are not good law ----- Transactions of the nature of ‘GPA sales’ or ‘SA/GPA/WILL transfers’ do not convey title and do not amount to transfer, nor can they be recognized or valid mode of transfer of immoveable property ----- Held: We make it clear that our observations are not intended to in any way affect the validity of sale agreements and powers of attorney executed in genuine transactions. For example, a person may give a power of attorney to his spouse, son, daughter, brother, sister or a relative to manage his affairs or to execute a deed of conveyance. A person may enter into a development agreement with a land developer or builder for developing the land either by forming plots or by constructing apartment buildings and in that behalf execute an agreement of sale and grant a Power of Attorney empowering the
developer to execute agreements of sale or conveyances in regard to individual plots of land or undivided shares in the land relating to apartments in favour of prospective purchasers. In several States, the execution of such development agreements and powers of attorney are already regulated by law and subjected to specific stamp duty. Our observations regarding ‘SA/GPA/WILL transactions’ are not intended to apply to such bonafide/genuine transactions.

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Judgements

Whether a judicial Magistrate, after taking cognizance of an offence, on the basis of a police report and after appearance of the accused in pursuance of the process issued, can order of its own, further investigation (2017-02-02)

Non-appearance of the complainant (2016-02-29)

Grant of Bail (2017-08-21)

Owner taken reasonable care to find out driver details

Insurance Company repudiated the insurance claim of the appellant citing breach of Condition (2017-10-04)

Limitation in filing the complaint under the DV Act (2013-10-09)

Complainant and accused both are working in Government College (2014-11-13)

Protection of Women from Domestic Violence ------ Relief when the complainant/wife failed to prove Domestic Violence (2014-05-05)

Whether Whatsapp forward can be treated as document as per Evidence Act (2017-05-22)

A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property (2011-10-11)

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Judgements

Whether a judicial Magistrate, after taking cognizance of an offence, on the basis of a police report and after appearance of the accused in pursuance of the process issued, can order of its own, further investigation (2017-02-02)

Non-appearance of the complainant (2016-02-29)

Grant of Bail (2017-08-21)

Insurance Company repudiated the insurance claim of the appellant citing breach of Condition (2017-10-04)

Limitation in filing the complaint under the DV Act (2013-10-09)

Complainant and accused both are working in Government College (2014-11-13)

Protection of Women from Domestic Violence ------ Relief when the complainant/wife failed to prove Domestic Violence (2014-05-05)

Whether Whatsapp forward can be treated as document as per Evidence Act (2017-05-22)

A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property (2011-10-11)

Popular judgement tags

Legal Help | Legal Advice | Legal Forum | Legal Question and Answers

Popular forum tags

All categories

Top TagDivorce

QUESTIONS

ANSWERS

Top CategoryFamily Law

WHAT WE OFFER

Top Tag
Divorce

Top Category
Family Law