In Gambhirdan K Gadhvi Vs. State of Gujarat (2022) 5 SCC 179, the Supreme Court, referring to an earlier judgment in Retd. Armed Forces Medical Association and Ors. Vs. Union of India & Ors., (2006) 11 SCC 731, observed that strict rules of locus standi are relaxed to some extent in a quo warranto proceedings. …
Writ Of Quo Warranto & Relaxed Rules Of Locus Standi Read More »
Can a person file a civil suit seeking a declaration that his father is no more invoking Section 108 of the Indian Evidence Act? Section 108 is about the burden of proving that person is alive who has not been heard of for seven years. The provision reads as follows: [Provided that when] the question is …
S 34 Specific Relief Act – Civil Suit For Declaration Of Civil Death Of A Person Read More »
Section 20C of Specific Relief Act (inserted by 2018 amendment) deals with expeditious disposal of suits, and the same reads as follows: Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), a suit filed under the provisions of this Act shall be disposed of by the court within a period of …
S 20C Specific Relief Act – Suits To Be Disposed Within 12+6 Months Read More »
There is no denying the fact that most of us tend to get anxious at the sight of the police. That uneasy feeling is owing to our experience with them at one time or another in the past. We relish the usage of words such as fundamental rights, liberty, etc in our constitution but in …
Public Prosecutor’s Power Over Police Investigation [Column] Read More »
Section 438 CrPC provides that when any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section. So it is clear from literal reading of this provision that Section 438 CrPC confers …
S 438 CrPC – Anticipatory Bail Application Directly Before High Court Read More »
Section 2(d) CrPC defines a complaint: “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. Explanation.—A report made by a police officer in a …
Police Report After Investigation In Non-Cognizable Offences – Deemed Complaint? Read More »
Can a Magistrate order police investigation under Section 156(3) CrPC if the complaint alleges only non-cognizable offence? Section 156(3) CrPC says any Magistrate empowered under section 190 may order such an investigation as above-mentioned. Section 156 marginal note reads “Police officer’s power to investigate cognizable case.” and Section 156(1) also speaks about police power to investigate …
The Supreme Court in Vinubhai Haribhai Malaviya vs State Of Gujarat [ (2019) 17 SCC 1 ] disagreed with its earlier view taken in Devarapalli Lakshminarayana Reddy vs V. Narayana Reddy [ (1976) 3 SCC 252 ] and held that the power of ordering further investigation is available to a Magistrate even at post-cognizance stage. …
The Supreme Court in Arnesh Kumar vs State of Bihar 2014 (8) SCC 273 had held that in all cases where the arrest of a person is not required under Section 41(1) Cr.P.C. the police officer is required to issue notice directing the accused to appear before him at a specified place and time. While issuing guidelines, …