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Judgements

Whether Statutory notice send through Fax is Valid (1999-05-03)

Negotiable Instruments Act, 1882; S. 138 – Statutory notice send through Fax – Whether valid – Held: Legislature contemplated that notice in writing should be given to the drawer of... Read More

Rejection of Insurance claim : Insurance by home loan borrower (2018-02-16)

Consumer Protection Act, 1986; Rejection of Insurance claim – Insurance by home loan borrower – On 29.09.2008 premium was deducted from loan account towards Insurance company -- Proposal... Read More

Recording telephonic conversation as evidence (2015-05-21)

Information Technology Act, 2000; S. 72 -- Whether recording of telephone conversation of wife without her knowledge is admissible in evidence Hindu Marriage Act, 1955; S. 13 – Whether... Read More

Registration of FIR (2013-11-12)

Code of Criminal Procedure, 1973; S. 154 – Registration of F.I.R. – The mandate upon the Police – Held: (i) Registration of FIR is mandatory under Section 154 of the Code, if the... Read More

Code of Criminal Procedure, 1973; S. 154 – Registration of F.I.R. – The mandate upon the Police – Held: (i) Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation. (ii) If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not. (iii) If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further. (iv) The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence. (v) The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence. (vi) 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 is abnormal delay/laches in initiating criminal prosecution, for example, over 3 months delay in reporting the matter without satisfactorily explaining the reasons for delay. The aforesaid are only illustrations and not exhaustive of all conditions which may warrant preliminary inquiry. (vii) While ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made time bound and in any case it should not exceed 7 days. The fact of such delay and the causes of it must be reflected in the General Diary entry. (viii) Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, we direct that all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary and the decision to conduct a preliminary inquiry must also be reflected, as mentioned above.

Consumer Protection Act, 1986 ----- Whether buyer should wait for indefinite period for possession of the property booked (2017-10-05)

Consumer Protection Act, 1986 ----- Whether buyer should wait for indefinite period for possession of the property booked ------ Held: the allottee cannot be expected to wait for possession of the... Read More

Whether during pendency of Divorce Suit the wife has right to reside at her husbands residence (2008-07-18)

Hindu Marriage Act, 1955; S. 13 ----- Whether during pendency of Divorce Suit the wife has right to reside at her husband’s residence ----- Wife has been residing at a rental accommodation... Read More

Whether Magistrate can interfere into investigation (2007-12-07)

Code of Criminal Procedure, 1973; S.156----Whether Magistrate can interfere into investigation ------ Held: Section 156(3) provides for a check by the Magistrate on the police performing its duties... Read More

Code of Criminal Procedure, 1973; S.156----Whether Magistrate can interfere into investigation ------ Held: Section 156(3) provides for a check by the Magistrate on the police performing its duties under Chapter XII Cr.P.C. In cases where the Magistrate finds that the police has not done its duty of investigating the case at all, or has not done it satisfactorily, he can issue a direction to the police to do the investigation properly, and can monitor the same. (Para 15)

Code of Criminal Procedure, 1973; S.156----Whether Magistrate can order for reopening of investigation ------ Held: the Magistrate can order re-opening of the investigation even after the police submits the final report; (Para 16)

Code of Criminal Procedure, 1973; S.156---- Whether Magistrate can interfere into investigation ------ Held: In our opinion Section 156(3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police. Section 156(3) Cr.P.C., though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation. (Para 17)

Code of Criminal Procedure, 1973; S.156---- Whether Magistrate can interfere into investigation ------ Held: we are of the view that although Section 156(3) is very briefly worded, there is an implied power in the Magistrate under Section 156(3) Cr.P.C. to order registration of a criminal offence and /or to direct the officer in charge of the concerned police station to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same. Even though these powers have not been expressly mentioned in Section 156(3)
Cr.P.C., we are of the opinion that they are implied in the above provision.
(Para 24)

Recognition of third gender (2014-04-15)

Constitution of India; Art. 14 and 21 -- Recognition of third gender – Held: the Court upheld transgender persons’ right to self-identify their gender. The Constitution requires equal... Read More

Compounding of offence punishable under section 138 N. I. Act (2012-07-13)

Negotiable Instruments Act, 1881; S. 138/147 ----- Compounding of offence punishable under section 138 N. I. Act ----- The Accused offered cheque amount along with interest in accordance with the... Read More

Presumption of title as a result of possession of Land (2017-03-29)

Land Encroachment Act, 1905; S. 6, 7 – Evidence Act, 1872; S. 90, 110 – Presumption of title as a result of possession, can arise only where facts disclose that no title vests in any... Read More

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Judgements

Whether Statutory notice send through Fax is Valid (1999-05-03)

Rejection of Insurance claim : Insurance by home loan borrower (2018-02-16)

Recording telephonic conversation as evidence (2015-05-21)

Registration of FIR (2013-11-12)

Consumer Protection Act, 1986 ----- Whether buyer should wait for indefinite period for possession of the property booked (2017-10-05)

Whether during pendency of Divorce Suit the wife has right to reside at her husbands residence (2008-07-18)

Whether Magistrate can interfere into investigation (2007-12-07)

Recognition of third gender (2014-04-15)

Compounding of offence punishable under section 138 N. I. Act (2012-07-13)

Presumption of title as a result of possession of Land (2017-03-29)

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Judgements

Whether Statutory notice send through Fax is Valid (1999-05-03)

Rejection of Insurance claim : Insurance by home loan borrower (2018-02-16)

Recording telephonic conversation as evidence (2015-05-21)

Registration of FIR (2013-11-12)

Consumer Protection Act, 1986 ----- Whether buyer should wait for indefinite period for possession of the property booked (2017-10-05)

Whether during pendency of Divorce Suit the wife has right to reside at her husbands residence (2008-07-18)

Whether Magistrate can interfere into investigation (2007-12-07)

Recognition of third gender (2014-04-15)

Compounding of offence punishable under section 138 N. I. Act (2012-07-13)

Presumption of title as a result of possession of Land (2017-03-29)

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