Decoding Section 407 of Code of Criminal Procedure. When the High Court, from the available information at its disposal, is of the opinion that; Unbiased inquiry or trial in the Subordinate Court is doubtful Question of law may arise Its own Order may be required, convenience of parties or witnesses or for ends of justice […]
Section 157 of Cr.P.C. deals with a situation with regard to investigation, how the investigation be conducted by the Investigation Officer [IO] and when he can proceed with the arrest of the Accused. Based on the information received on commission of offence and or from the powers derived by the Officer Incharge under Section 156[…..]
Section 156 of Cr.P.C. allows Police to conduct investigation into any cognizable case without the order of the concerned Magistrate under which the Police Station and / or the Investigation Officer functions and no proceedings of theirs be questioned by the Court at any stage. Otherwise Clause 3 of Section 156 empowers Court to direct[…..]
What if the Police receives a Complaint, which is non-Cognizable Offence? Whether the Police has powers to take non-Cognizable Offence and investigate the matter similar to that of Cognizable Offence? Section 155 Cr.P.C. has answer to those questions. Criminal Law bifurcates nature of offences under cognizable and non-cognizable cases. Wherein, offences of cognizable nature does[…..]
Section 154 set in motion a criminal complaint when an FIR is registered and the concerned Magistrate take notice of the same, as it is mandated on the Investigation Officer under Section 157 to report to the Jurisdiction Magistrate who is empowered to take cognizance of the same. The word “Informant” is crucial in Section[…..]
As regard to designation “Magistrate,” he either relate to a Metropolitan Area, if so then he is called Metropolitan Magistrate and if he is a “Magistrate” outside of the Metro Area then he is called a Judicial Magistrate. Similarly, the rank of the Magistrate is assigned based on his place [Metro or Rural] and he[…..]
Sections 125 to 128 of Code of Criminal Procedure deals with Maintenance. Maintenance to Wife, legitimate or illegitimate minor children and to the Parents are discussed in Section 125 of Cr.P.C. while Section 126 deals with jurisdiction of the Court, Section 127 explains the situation pertaining to change in circumstances and Section 128 calls for[…..]
Let me emphasis – my aim is to educate those young Advocates who are literally spoiling their lives on wayward activities and who are in the first 10 years of their most crucial productive years of Advocacy indulging themselves by calling off their days into petty politics or trucking with political goons or gaining no[…..]
On the last day of this sunny April, I got an URL [a link to a website] in my WhatsApp number from my colleague. As usual, out of curiosity, I clicked on the link and it took me to a webpage of a portal. The webpage contain an extract of the Order delivered by the[…..]
[Read Part 1 for understanding of this subject] How would a Court, without conducting a trial on the face of a Petition filed by the aggrieved Wife, has just come to conclusion that she does not deserve the relief and remedy because she lost her case to Limitation? And that’s against the spirit of the[…..]