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Judgements

Whether bank can refuse to make payment to nominee (2016-03-30)

Whether bank can refuse to make payment to nominee

Banking Regulation Act, 1949; S. 45ZA – Banking Companies (Nomination) Rules, 1985; R. 2(1) -- Whether bank can refuse to make payment to nominee -- Nomination made by a depositor/account... Read More

Right to maintenance for a daughter after attaining majority (2016-03-17)

Code of Criminal Procedure, 1973; S. 125 ------ Right to maintenance for a daughter after attaining majority ----- Held: the right of a girl for maintenance from parents after attaining majority till... Read More

Exemption from personal appearance (2018-03-06)

Code of Criminal Procedure, 1973; S. 205 ------ Exemption from personal appearance ----- Case under section 498A IPC read with S.4 of D.P. Act at Patna ----- Appellant No. 1 is a retired Army... Read More

Permanent Alimony - Legally and Factually sustainable (2018-04-17)

Hindu Marriage Act, 1955; S. 13 - Whether the award of permanent alimony of Rs.15,00,000/- by the Family Court to the respondent(wife) was legally and factually sustainable -- Held:... Read More

What are necessary conditions for initiation of proceeding under section 340 Cr.P.C. (2016-11-23)

Code of Criminal Procedure, 1973; S. 340 ----- What are necessary conditions for initiation of proceeding under section 340 Cr.P.C. ----- Held: The mere fact that a person has made a contradictory... 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

Anti suit Injunction (2018-04-17)

Anti Suit Injunction -- An anti-suit injunction is a judicial order restraining one party from prosecuting a case in another court outside its jurisdiction. The principles governing grant of... Read More

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

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

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)

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Judgements

Whether bank can refuse to make payment to nominee (2016-03-30)

Right to maintenance for a daughter after attaining majority (2016-03-17)

Exemption from personal appearance (2018-03-06)

Permanent Alimony - Legally and Factually sustainable (2018-04-17)

What are necessary conditions for initiation of proceeding under section 340 Cr.P.C. (2016-11-23)

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

Anti suit Injunction (2018-04-17)

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

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

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)

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Judgements

Whether bank can refuse to make payment to nominee (2016-03-30)

Right to maintenance for a daughter after attaining majority (2016-03-17)

Exemption from personal appearance (2018-03-06)

Permanent Alimony - Legally and Factually sustainable (2018-04-17)

What are necessary conditions for initiation of proceeding under section 340 Cr.P.C. (2016-11-23)

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

Anti suit Injunction (2018-04-17)

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

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

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)

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