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Veritatis et quasi architecto.

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Judgements

Adoption by biological mother to her newly married husband (2017-10-04)

Hindu Adoption and Maintenance Act, 1956; S. 9 ----- Giving in Adoption by biological mother to her newly married husband after divorce from the biological father of the child without consent of... Read More

whether stand alone garage or in other words garage as an independent unit by itself is a flat (2010-08-31)

Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 ----- Maharashtra Ownership Flats (Regulations of the Promotion of Construction... Read More

Loss of Original will and Lack of English knowledge of testator (2014-09-08)

Indian Succession Act, 1925; Ss. 281, 282 -- Whether execution of will in English can be doubted on ground that testator was not knowing English language ----- Held: The lack of knowledge of English... 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)

Wife must prove that she is being unable to maintain herself (2014-10-28)

Code of Criminal Procedure, 1973; S. 125 – Precondition for grant of maintenance -- Inability to maintain herself is the pre-condition for grant of maintenance to the wife -- The wife must... 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

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

Cause of action to claim a relief of permanent injunction (2018-04-13)

Civil Law – Practice and Procedure – Held: Cause of action to claim a relief of permanent injunction and the cause of action to claim a relief of specific performance of agreement are... 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

Whether a false allegation of impotency is an act of cruelty to create a ground for divorce (2016-08-08)

Hindu Marriage Act, 1955; S. 13 ----- whether a false allegation of impotency is an act of cruelty to create a ground for divorce ----- Held: the unproved allegations of the wife that the husband was... Read More

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Judgements

Adoption by biological mother to her newly married husband (2017-10-04)

whether stand alone garage or in other words garage as an independent unit by itself is a flat (2010-08-31)

Loss of Original will and Lack of English knowledge of testator (2014-09-08)

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)

Wife must prove that she is being unable to maintain herself (2014-10-28)

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

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

Cause of action to claim a relief of permanent injunction (2018-04-13)

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

Whether a false allegation of impotency is an act of cruelty to create a ground for divorce (2016-08-08)

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Judgements

Adoption by biological mother to her newly married husband (2017-10-04)

whether stand alone garage or in other words garage as an independent unit by itself is a flat (2010-08-31)

Loss of Original will and Lack of English knowledge of testator (2014-09-08)

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)

Wife must prove that she is being unable to maintain herself (2014-10-28)

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

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

Cause of action to claim a relief of permanent injunction (2018-04-13)

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

Whether a false allegation of impotency is an act of cruelty to create a ground for divorce (2016-08-08)

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