Author name: CiteCase

S 156(3), 155(2) CrPC – Can Magistrate Order Police Investigation In A Non Cognizable Case? [View Point]

December 30, 2022 / By

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 …

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S 156(3) – Can Magistrate Order Investigation U/S 156(3) CrPC After Taking Cognizance Of Complaint

December 29, 2022 / By

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. …

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S 41A CrPC – Contempt Proceedings Against Police Officers For Violating ‘Arnesh Kumar’ Guidelines

December 30, 2022 / By

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, …

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Has Supreme Court Held That Whatsapp Chats Cannot Be Used As Evidence ? [Fact Check]

December 29, 2022 / By

While refusing bail to Aryan Shahrukh Khan in the Cruise Ship Drug Case, the Special Court observed that WhatsApp chats prima facie reveal that accused Aryan Khan is dealing in illicit drug activities for narcotic substances on regular basis. After this, a news report was being widely shared in Social media in support of the claim that Whatsapp …

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O VIII R 1 CPC – Written Statement Filed After 120 Days In Commercial Suits

December 29, 2022 / By

Can a written statement filed after 120 days from the date of service of summons in a commercial suit can be taken on record? Order VIII Rule 1 CPC (as applicable to Commercial Suits) reads as follows: Written Statement. – The defendant shall, within thirty days from the date of service of summons on him, …

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Supreme Court Should Clarify Its Obiter Dictum In Kusum Ingots

December 29, 2022 / By

Recently, the High Court of Kerala struck down Section 10A of Indian Divorce Act (applicable only to Christians) observing that the fixation of the minimum period of separation of one year as stipulated is violative of the fundamental right. This raises an interesting question of constitutional law : Does this judgment has effect in Kerala …

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S 397(2) CrPC – Meaning Of ‘Interlocutory Order’

December 29, 2022 / By

Section 397 CrPC deals with Revision Powers of High Court/Sessions Court. Sub-section (2) reads as follows: The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. The old code of 1898 did not contain such a provision. The …

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Can We File A ‘Writ Petition’ Under Article 226 Or/And 227 To Challenge A Judicial Order Of Civil Court?

December 29, 2022 / By

Overruling its earlier view in Surya Dev Rai vs. Ram Chander Rai, the Supreme Court (three judges bench) in Radhey Shyam vs. Chhabbi Nath, AIR 2015 SC 3269 :: (2015) 5 SCC 423., held that judicial orders of civil courts are not amenable to a writ of certiorari under Article 226. This judgment referred to observations …

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