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Veritatis et quasi architecto.

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Judgements

Family settlement of Property (2018-03-23)

Code of Civil Procedure,1908 ; Order XIII, Rule 3 – Indian Stamp Act, 1899 : Art. 45, Sec. 35 – Indian Registration Act, 1908; Sec.17,49 – Hindu Succession Act, 1955... Read More

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

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)

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

Order obtained by fraud (1993-10-27)

Practice and Procedure – Order obtained by fraud – Suppression of execution of two deeds before the Court – Held: Non-production and even non-mentioning of the release deed at the... Read More

Constitution of India -------- Right to die (2018-03-09)

Constitution of India -------- Right to die ----- Held: (a) The right to die with dignity as fundamental right has already been declared by the Constitution Bench judgment of this Court in Gian Kaur... Read More

Admissibility of public document - Secondary evidence of content of document when the original public document is lost or destroyed (2000-08-10)

Evidence Act, 1872; S. 65 (C) and (f) – Admissibility of public document – Secondary evidence of content of document when the original public document is lost or destroyed – Held:... Read More

government regulations and economic recession cannot be a justification for delay (2016-02-08)

Consumer Protection Act, 1986; Buyer’s Agreement dated 16.04.2010 was executed between them ------ The Builder was required to deliver possession of the flat to the Complainants within 36... Read More

Whether conditions printed at back of rent receipt constitute agreement between landlord and tenant (2005-09-19)

Agreement ----- Whether conditions printed at back of rent receipt constitute agreement between landlord and tenant? Held: it cannot be said on the basis of what is printed on the back side of... Read More

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

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Judgements

Family settlement of Property (2018-03-23)

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

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

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

Order obtained by fraud (1993-10-27)

Constitution of India -------- Right to die (2018-03-09)

Admissibility of public document - Secondary evidence of content of document when the original public document is lost or destroyed (2000-08-10)

government regulations and economic recession cannot be a justification for delay (2016-02-08)

Whether conditions printed at back of rent receipt constitute agreement between landlord and tenant (2005-09-19)

Recognition of third gender (2014-04-15)

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Judgements

Family settlement of Property (2018-03-23)

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

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

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

Order obtained by fraud (1993-10-27)

Constitution of India -------- Right to die (2018-03-09)

Admissibility of public document - Secondary evidence of content of document when the original public document is lost or destroyed (2000-08-10)

government regulations and economic recession cannot be a justification for delay (2016-02-08)

Whether conditions printed at back of rent receipt constitute agreement between landlord and tenant (2005-09-19)

Recognition of third gender (2014-04-15)

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