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Tag: Legal Procedure Explained – Interpretation of Statutes

State of Himachal Pradesh Vs Tara Dutt and Anr on 19 Nov 1999

Posted on July 9, 2021 by ShadesOfKnife

A 3-judge full bench of Apex Court held that the limitation available under section 468 CrPC deals only with taking of the initial cognizance of an offence by a Court.

Indiankanoon version:

State of Himachal Pradesh Vs Tara Dutt and Anr on 19 November, 1999

Casemine version:

State of H.P Vs Tara Dutt and Anr on 19 Nov 1999

Citations : [1999 ACR SC 3 2841], [2000 AIR SC 297], [2000 ALD CRI 2 278], [1999 JT SC 9 215], [2000 LW CRL 1 379], [2000 OLR 1 153], [2000 RCR CRIMINAL 1 41], [1999 SCALE 7 183], [2000 SCC 1 230], [1999 SUPP SCR 4 514], [2000 SCC CRI 125], [2000 AIR SC 207], [1999 SUPREME 9 421], [1999 AIR SC 4413], [2000 CRIMES SC 1 15], [1999 CCR 4 280], [1999 SLT 9 612], [2000 SRJ 1 79], [2000 JCC 1 121], [2000 UJ SC 1 498], [2000 CRLJ SC 485], [1999 AIR SCW 4413]

Other Sources :

https://indiankanoon.org/doc/1807975/

https://www.casemine.com/judgement/in/5609ad5ae4b0149711411286

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision CrPC 468 - Bar to taking cognizance after lapse of the period of limitation Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order State of Himachal Pradesh Vs Tara Dutt and Anr | Leave a comment

Vinubhai Haribhai Malaviya and Ors Vs State of Gujarat and Anr on 16 Oct 2019

Posted on June 28, 2021 by ShadesOfKnife

A landmark judgment by a Full Bench of Supreme Court of India around the question,

From Para 9,

whether, after a charge-sheet is filed by the police, the Magistrate has the power to order further investigation, and if so, up to what stage of a criminal proceeding.

From Para 25,

25. Whereas it is true that Section 156(3) remains unchanged even after the 1973 Code has been brought into force, yet the 1973 Code has one very important addition, namely, Section 173(8), which did not exist under the 1898 Code. As we have noticed earlier in this judgment, Section 2(h) of the 1973 Criminal Procedure Code defines “investigation” in the same terms as the earlier definition contained in Section 2(l) of the 1898 Criminal Procedure Code with this difference – that “investigation” after the 1973 Code has come into force will now include all the proceedings under the CrPC for collection of evidence conducted by a police officer. “All” would clearly include proceedings under Section 173(8) as well. Thus, when Section 156(3) states that a Magistrate empowered under Section 190 may order “such an investigation”, such Magistrate may also order further investigation under Section 173(8), regard being had to the definition of “investigation” contained in Section 2(h).

From Para 36,

36. Despite the aforesaid judgments, some discordant notes were sounded in three recent judgments. In Amrutbhai Shambubhai Patel v. Sumanbhai Kantibai Patel (2017) 4 SCC 177, on the facts in that case, the Appellant/Informant therein sought a direction under Section 173(8) from the Trial Court for further investigation by the police long after charges were framed against the Respondents at the culminating stages of the trial. The Court in its ultimate conclusion was correct, in that, once the trial begins with the framing of charges, the stage of investigation or inquiry into the offence is over, as a result of which no further investigation into the offence should be ordered. But instead of resting its judgment on this simple fact, this Court from paragraphs 29 to 34 resuscitated some of the earlier judgments of this Court, in which a view was taken that no further investigation could be ordered by the Magistrate in cases where, after cognizance is taken, the accused had appeared in pursuance of process being issued. In particular, Devarapalli Lakshminarayana Reddy (supra) was strongly relied upon by the Court. We have already seen how this judgment was rendered without adverting to the definition of “investigation” in Section 2(h) of the CrPC, and cannot therefore be relied upon as laying down the law on this aspect correctly.

From Para 38,

38. There is no good reason given by the Court in these decisions as to why a Magistrate’s powers to order further investigation would suddenly cease upon process being issued, and an accused appearing before the Magistrate, while concomitantly, the power of the police to further investigate the offence continues right till the stage the trial commences. Such a view would not accord with the earlier judgments of this Court, in particular, Sakiri (supra), Samaj Parivartan Samudaya (supra), Vinay Tyagi (supra), and Hardeep Singh (supra); Hardeep Singh (supra) having clearly held that a criminal trial does not begin after cognizance is taken, but only after charges are framed. What is not given any importance at all in the recent judgments of this Court is Article 21 of the Constitution and the fact that the Article demands no less than a fair and just investigation. To say that a fair and just investigation would lead to the conclusion that the police retain the power, subject, of course, to the Magistrate’s nod under Section 173(8) to further investigate an offence till charges are framed, but that the supervisory jurisdiction of the Magistrate suddenly ceases mid-way through the pre-trial proceedings, would amount to a travesty of justice, as certain cases may cry out for further investigation so that an innocent person is not wrongly arraigned as an accused or that a prima facie guilty person is not so left out. There is no warrant for such a narrow and restrictive view of the powers of the Magistrate, particularly when such powers are traceable to Section 156(3) read with Section 156(1), Section 2(h), and Section 173(8) of the CrPC, as has been noticed hereinabove, and would be available at all stages of the progress of a criminal case before the trial actually commences. It would also be in the interest of justice that this power be exercised suo motu by the Magistrate himself, depending on the facts of each case. Whether further investigation should or should not be ordered is within the discretion of the learned Magistrate who will exercise such discretion on the facts of each case and in accordance with law. If, for example, fresh facts come to light which would lead to inculpating or exculpating certain persons, arriving at the truth and doing substantial justice in a criminal case are more important than avoiding further delay being caused in concluding the criminal proceeding, as was held in Hasanbhai Valibhai Qureshi (supra). Therefore, to the extent that the judgments in Amrutbhai Shambubhai Patel (supra), Athul Rao (supra) and Bikash Ranjan Rout (supra) have held to the contrary, they stand overruled. Needless to add, Randhir Singh Rana v. State (Delhi Administration) (1997) 1 SCC 361 and Reeta Nag v. State of West Bengal and Ors. (2009) 9 SCC 129 also stand overruled.

From Para 43,

43. We, therefore, set aside the impugned High Court judgment insofar as it states that post-cognizance the Magistrate is denuded of power to order further investigation.

Vinubhai Haribhai Malaviya and Ors Vs State of Gujarat and Anr on 16 Oct 2019

Citations : [2019 SCC ONLINE SC 1346], [(2019) 17 SCC 1], [AIR 2019 SC 5233], [2020(1) R.C.R. (Criminal) 1], [(2019) 14 SCALE 1]

Other Sources :

https://indiankanoon.org/doc/131202146/

https://www.casemine.com/judgement/in/5da99d013321bc410549721e

https://www.indianemployees.com/judgments/details/vinubhai-haribhai-malaviya-and-ors-versus-the-state-of-gujarat-and-anr

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 156(3) - Any Magistrate Empowered u/s 190 May Order Such an Investigation as above-mentioned CrPC 173(8) - Magistrate can Order Further Investigation Justice Rohinton Fali Nariman Landmark Case Legal Procedure Explained - Interpretation of Statutes Overruling Judgment Reportable Judgement or Order Vinubhai Haribhai Malaviya and Ors Vs State of Gujarat and Anr | Leave a comment

Kishanvihari Sharma Vs State of Madhya Pradesh and Ors

Posted on June 28, 2021 by ShadesOfKnife

Two vital and interesting legal questions of interpretation have reached a Division Bench of Madhya Pradesh High court.

On 09 Jun 2021,

The Court framed the questions that need determination

(1) As to whether the provision of Section 156(3) Cr.P.C. can be invoked by accused alleging improper/delayed investigation or not ?
(2) As to whether the provision of Section 161 Cr.P.C. providing for examination of witnesses by the police can include examination of accused also or not, only for the purpose of ascertaining the truth and not for recording confession ?

Kishanvihari Sharma Vs State of Madhya Pradesh and Ors on 09 Jun 2021

On 24 Jun 2021,

Noting from the submissions of the rival counsels, the Bench held that there are conflicting decision from the Supreme Court on the legal points for determination and so opened up the questions to the entire Bar and sought assistance from the Bar Association.

Kishanvihari Sharma Vs State of Madhya Pradesh and Ors on 24 Jun 2021

On first week of Aug 2021,

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 156(3) - Any Magistrate Empowered u/s 190 May Order Such an Investigation as above-mentioned CrPC 161 - Examination of Witnesses By Police Kishanvihari Sharma Vs State of Madhya Pradesh and Ors Legal Procedure Explained - Interpretation of Statutes Vinubhai Haribhai Malaviya and Ors Vs State of Gujarat and Anr Work-In-Progress Article | Leave a comment

S.Gopal Reddy Vs State of Andhra Pradesh on 11 Jul 1996

Posted on June 28, 2021 by ShadesOfKnife

This a landmark judgment from a Division bench of the Supreme Court around section 2, 3 and 4 of Dowry Prohibition Act 1961.

Definition of Dowry and the offence of Demanding Dowry

The definition of the term ’dowry’ under Section 2 of the Act shows that any property or valuable security given or “agreed to be given” either directly or indirectly by one party to the marriage to the other party to the marriage “at or before or after the marriage” as a “consideration for the marriage of the said parties” would become ’dowry’ punishable under the Act. Property or valuable security so as to constitute ’dowry’ within the meaning of the Act must therefore be given or demanded “as consideration for the marriage”.

Section 4 of the Act aims at discouraging the very “demand” of “dowry” as a ’Consideration for the marriage’ between the parties thereto and lays down that if any person after the commencement of the Act, “demands”, directly or indirectly, from the parents or guardians of a ’bride’ or ’bridegroom’, as the case may be, any ’dowry’, he shall be punishable with imprisonment which may extend to six months or with fine which may extend to Rs.5,000/- or with both.

Thus, it would be seen that section 4 makes punishable the very demand of property or valuable security as a consideration for marriage, which demand, if satisfied, would constitute the graver offence under section 3 of the Act punishable with imprisonment for a term which shall not be less than five years and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry whichever is more.

The definition of the expression ’dowry’ contained in Section 2 of the Act cannot be confined merely to the ’demand’ of money, property or valuable security ’made at or after the performance of marriage’ as is urged by Mr. Rao. The legislature has in its wisdom while providing for the definition of ’dowry’ emphasised that any money, property or valuable security given, as a consideration for marriage, ’before, at or after the marriage would be covered by the expression ’dowry’ and this definition as contained in Section 2 has to be read wherever the expression ’dowry’ occurs in the Act. Meaning of the expression ’dowry’ as commonly used and understood is different than the peculiar definition thereof under the Act. Under Section 4 of the Act, mere demand of ’dowry’ is sufficient to bring home the offence to an accused. Thus, any “demand” of money, property or valuable security made from the bride or her parents or other relatives by the bridegroom or his parents or other relatives or vice-versa would fall within the mischief of ’dowry’ under the Act where such demand is not properly referable to any legally recognised claim and is consideration of marriage. Marriage in this context would include a proposed marriage also more particularly where the non-fulfilment of the “demand of dowry” leads to the ugly consequence of the marriage not taking place at all. The expression ’dowry’ under the Act must be interpreted in the sense which the Statute wishes to attribute to it. Mr. P.P.Rao, learned senior counsel referred to various dictionaries for the meaning of ’dowry’, ’bride’ and ’bridegroom’ and on the basis of those meanings submitted that ’dowry’ must be construed only as such property, goods or valuable security which is given to a husband by and on behalf of the wife at marriage and any demand made prior to marriage would not amount to dowry. We cannot agree. Where definition has been given in a statute itself, it is neither proper nor desirable to look to the dictionaries etc. to find out the meaning of the expression. The definition given in the statute is the determinative- factor. The Act is a piece of social legislation which aims to check the growing menace of the social evil of dowry and it makes punishable not only the actual receiving of dowry but also the very demand of dowry made before or at the time or after the marriage where such demand is referable to the consideration of marriage. Dowry as a quid pro for marriage is prohibited and not the giving of traditional presents to the bride or the bride groom by friends and relatives. Thus, voluntary presents given at or before or after the marriage to the bride or the bridegroom, as the case may be, of a traditional nature, which are given not as a consideration for marriage but out of love, affection on regard, would not fall within the mischief of the expression ’dowry’ mare punishable under the Act.

On the point of Interpretation of Statutes

It is a well known rule of interpretation of statutes that the text and the context of the entire Act must be looked into while interpreting any of the expressions used in a statute. The courts must look to the object which the statute seeks to achieve while interpreting any of the provisions of the Act. A purposive approach for interpreting the Act is necessary. We are unable to persuade ourselves to agree with Mr. Rao that it is only the property or valuable security given at the time of marriage which would bring the same within the definition of ’dowry’ punishable under the Act, as such an interpretation would be defeating the very object for which the Act was enacted. Keeping in view the object of the Act, “demand of dowry” as a consideration for a proposed marriage would also come within the meaning of the expression dowry under the Act. If we were to agree with Mr. Rao that it is only the demand made at or after marriage which is punishable under Section 4 of the Act, Some serious consequences, which the legislature wanted to avoid, are bound to follow. Take for example a case where the bridegroom or his parents or other relatives make a ’demand’ of dowry during marriage negotiations and later on after bringing the bridal party to the bride’s house find that the bride or her parents or relative have not met the earlier ’demand’ and call off the marriage and leave the bride house should they escape the punishment under the Act. The answer has to be an emphatic ’no’. It would be adding insult to injury if we were to countenance that their action would not attract the provisions of Section 4 of the Act. Such an interpretation would frustrate the very object of the Act and would also run contrary to the accepted principles relating to the interpretation of statutes.

S.Gopal Reddy Vs State of Andhra Pradesh on 11 Jul 1996

Citations : [1996 AD SC 5 229], [1996 AIR SC 2184], [1996 ALD CRI 2 926], [1996 ALT CRI 2 418], [1996 BLJR 2 1329], [1996 CRILJ 3237], [1996 CRIMES SC 3 35], [1997 DMC SC 2 100], [1996 JT SC 6 268], [1996 RCR CRIMINAL 3 153], [1996 SCALE 5 78], [1996 SCC 4 596], [1996 SUPP SCR 3 439], [1996 SCC CRI 792], [1996 OLR SC 2 229]

Other Sources :

https://indiankanoon.org/doc/1213429/

https://www.casemine.com/judgement/in/5609ace1e4b014971140fef2

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to DP Act 2 - Definition of Dowry DP Act 3(1) - Giving Taking or Abet to Give or Take is Crime DP Act 4 - Penalty for Demanding Dowry Landmark Case Legal Procedure Explained - Interpretation of Statutes PIL - Dowry Givers should be Prosecuted Reportable Judgement or Order S.Gopal Reddy Vs State of Andhra Pradesh | Leave a comment

Navendra Kumar Vs Union of India on 06 Nov 2013

Posted on May 19, 2021 by ShadesOfKnife

A division bench of Gauhati High Court held in this Writ Appeal that, CBI to be an unconstitutional body.

Navendra Kumar Vs Union of India on 06 Nov 2013

Citations : [2013 SCC ONLINE GAU 305], [2014 GAU LR 1 529], [2014 AIC 133 743], [2013 CRI LJ 5009]

Other Sources :

https://indiankanoon.org/doc/133280611/

https://www.casemine.com/judgement/in/56eaac16607dba3c8ce40e16


The above Judgment and Order was stayed in 3 days time by a Division bench of Supreme Court.

Union of India Vs Navendra Kumar on 09 Nov 2013

Last update from Supreme Court website is this…

Union of India Vs Navendra Kumar on 26 Jun 2019
Posted in High Court of Gauhati Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CBI is Unconstitutional Landmark Case Law or Provision is Alleged as Unconstitutional Legal Procedure Explained - Interpretation of Statutes Navendra Kumar Vs Union of India | Leave a comment

Dwarika Prasad Satpathy Vs Bidyut Prava Dixit and Anr on 14 Oct 1999

Posted on May 13, 2021 by ShadesOfKnife

A Division bench of the Supreme Court held as follows,

“6………………In our view, validity of the marriage for the purpose of summary proceeding under Section 125 Cr.P.C. is to be determined on the basis of the evidence brought on record by the parties. The standard of proof of marriage in such proceeding is not as strict as is required in a trial of offence under section 494 of the I.P.C. If the claimant in proceedings under Section 125 of the Code succeeds in showing that she and the respondent have lived together as husband and wife, the Court can presume that they are legally wedded spouses, and in such a situation, the party who denies the marital status can rebut the presumption………………”

Dwarika Prasad Satpathy Vs Bidyut Prava Dixit and Anr on 14 Oct 1999

Citations : [1999 ACR SC 3 2547], [1999 AIR SC 3348], [1999 ALD CRI 2 955], [1999 ALR 37 733], [2000 ALT CRI 1 29], [1999 CALLT SC 3 61], [2000 CLT SC 89 167], [1999 GLH 2 1037], [1999 JT SC 8 329], [2000 LW CRL 1 218], [2000 PLJR 1 61], [2000 RLW SC 1 23], [1999 SCALE 6 579], [1999 SCC 7 675], [1999 SUPP SCR 3 684], [1999 SCC CRI 1345], [1999 SUPREME 8 602], [2000 CRLJ 0 1], [1999 RCR CRIMINAL 4 577], [2000 CRI LJ 0 1], [2000 OCR SC 18 348], [1999 AIR SC 3844], [2000 BOMCR CRI SC 731], [1999 CRIMES SC 3 206], [2000 LW CRL 1 217], [2000 CRLJ SC 1], [1999 AIR SCW 3844]

Other Sources :

https://indiankanoon.org/doc/305700/

https://www.casemine.com/judgement/in/5609ad5ee4b0149711411339

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC 125 or BNSS 144 - Women In Live-In Relationships Entitled To Maintenance Dwarika Prasad Satpathy Vs Bidyut Prava Dixit and Anr IPC 494 - Marrying again during life-time of husband or wife Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Bhagwat Singh Vs Commissioner of Police and Anr on 25 Apr 1985

Posted on May 11, 2021 by ShadesOfKnife

Wonderful judgment clearly states how law takes care of scenarios where the Police do not investigate a complaint/FIR.

Rule-1

If, notwithstanding the First Information Report, the officer-in-charge of a police station decides not to investigate the case on the view that there is no sufficient ground for entering on an investigation, he is required under sub-section (2) of Section 157 to notify to the informant the fact that he is not going to investigate the case because it to be investigated.

Rule-2

Then again, the officer in charge of a police station is obligated under sub-section(2)(ii) of Section 173 to communicate the action taken by him to the informant and the report forwarded by him to the magistrate under subsection (2)(i) has therefore to be supplied by him to the informant.

Rule-3

Now, when the report forwarded by the officer-in charge of a police station to the Magistrate under sub-section (2)(i) of Section 173 comes up for consideration by the Magistrate, one of two different situations may arise. The report may conclude that an offence appears to have been committed by a particular person or persons and in such a case, the Magistrate may do one of three things:
(1) he may accept the report and take cognizance of the offence and issue process or
(2) he may disagree with the report and drop the proceeding or
(3) he may direct further investigation under sub-section (3) of Section 156 and require the police to make a further report.

Rule-4

The report may on the other hand state that, in the opinion of the police, no offence apppears to have been committed and where such a report has been made, the Magistrate again has an option to adopt one of three courses:
(1) he may accept the report and drop the proceeding or
(2) he may disagree with the report and taking the view that there is sufficient ground for proceeding further, take cognizance of the offence and issue process or
(3) he may direct further investigation to be made by the police under sub-section (3) of Section 156.

Opportunity of filing Protest Petition

We are accordingly of the view that in a case where the magistrate to whom a report is forwarded under sub-section (2)(i) of Section 173 decides not to take cognizance of the offence and to drop the proceeding or takes the view that there is no sufficient ground for proceeding against some of the persons mentioned in the First Information Report, the magistrate must give notice to the informant and provide him an opportunity to be heard at the time of consideration of the report.

And finally,

It was urged before us on behalf of the respondents that if in such a case notice is required to be given to the informant, it might result in unnecessary delay on account of the difficulty of effecting service of the notice on the informant. But we do not think this can be regarded as a valid objection against the view we are taking, because in any case the action taken by the police on the First Information Report has to be  communicated to the informant and a copy of the report has to be supplied to him under sub-section (2) (i) of Section 173 if that be so, we do not see any reason why it should be difficult to serve notice of the consideration of the report on the informant. Moreover, in any event, the difficulty of service of notice on the informant cannot possibly provide any justification for depriving the informant of the opportunity of being heard at the time when the report is considered by the Magistrate.

Bhagwat Singh Vs Commissioner of Police and Anr on 25 Apr 1985

Citation : [1985 AIR SC 1285], [1985 SCALE 1 1194], [1985 SCC CRI 267], [1985 SCC 2 537], [1985 CRLJ SC 1179], [1985 CRIMES SC 1 994], [1985 SCR 3 942], [1986 ACR SC 10 26], [1986 AWC SC 26], [1985 BOMLR 87 421], [1985 PLJR 53], [1985 SHIMLC 260], [1985 UJ 17 820], [1985 CRI LJ 1521], [1985 UJ SC 820]

Other Sources :

https://indiankanoon.org/doc/118375/

https://www.casemine.com/judgement/in/5609ac18e4b014971140e050

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Bhagwat Singh Vs Commissioner of Police and Anr CrPC 154 - Information in Cognizable Cases CrPC 157 - Procedure for Investigation Preliminary Inquiry CrPC 173 - Report of Police Officer on Completion of Investigation Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

R.Shaji Vs State of Kerala on 4 Feb 2013

Posted on April 17, 2021 by ShadesOfKnife

Lot of legal points explained with respect to the statements given by witnesses in Court in this landmark decision by a Division bench of Apex Court.

From Para 13,

13. Clause (iv) of Section 207 Cr.P.C. clearly provides that any statement recorded under Section 164 Cr.P.C., shall be made available to the accused along with all the other documents that have been filed along with the charge sheet.

From Para 14,

14. Evidence given in a court under oath has great sanctity, which is why the same is called substantive evidence. Statements under Section 161 Cr.P.C. can be used only for the purpose of contradiction and statements under Section 164 Cr.P.C. can be used for both corroboration and contradiction. In a case where the magistrate has to perform the duty of recording a statement under Section 164 Cr.P.C., he is under an obligation to elicit all information which the witness wishes to disclose, as a witness who may be an illiterate, rustic villager may not be aware of the purpose for which he has been brought, and what he must disclose in his statements under Section 164 Cr.P.C. Hence, the magistrate should ask the witness explanatory questions and obtain all possible information in relation to the said case.

From Para 15,

15. So far as the statement of witnesses recorded under Section 164 is concerned, the object is two fold; in the first place, to deter the witness from changing his stand by denying the contents of his previously recorded statement, and secondly, to tide over immunity from prosecution by the witness under Section 164. A proposition to the effect that if a statement of a witness is recorded under Section 164, his evidence in Court should be discarded, is not at all warranted.

From Para 16,

16. Section 157 of the Evidence Act makes it clear that a statement recorded under Section 164 Cr.P.C., can be relied upon for the purpose of corroborating statements made by witnesses in the Committal Court or even to contradict the same. As the defence had no opportunity to cross-examine the witnesses whose statements are recorded under Section 164 Cr.P.C., such statements cannot be treated as substantive evidence.

During the investigation, the Police Officer may sometimes feel that it is expedient to record the statement of a witness under Section 164 Cr.P.C. This usually happens when the witnesses to a crime are clearly connected to the accused, or where the accused is very influential, owing to which the witnesses may be influenced.

R.Shaji Vs State of Kerala on 4 Feb 2013

Citations : [2013 AIR SC 651], [2013 ALD CRI 2 153], [2013 CRIMES SC 1 217], [2013 JLJR 1 499], [2013 JT SC 2 447], [2013 KLJ 1 620], [2013 KERLT 1 493], [2013 PLJR 2 145], [2013 SCALE 2 186], [2013 SCC 14 266], [2013 SCR 3 1172], [2013 UC 1 673], [2014 SCC CRI 4 185], [2013 SCC ONLINE SC 114], [2013 SLT 1 705], [2013 SUPREME 1 545], [2013 AIOL 72], [2013 AIR SC 1095], [2013 CCR 1 494], [2013 KCCR SN 3 220], [2013 RAJ 1 435], [2013 RCR CRIMINAL SC 1 964], [2013 AIR SCW 1095], [2013 ALLMR CRI SC 1469]

Other Sources :

https://indiankanoon.org/doc/178895486/

https://www.casemine.com/judgement/in/5609af40e4b0149711415f37

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 161 - Examination of Witnesses By Police CrPC 164 - Recording of Confessions and Statements Evidence Act 106 - Burden of Proving Fact Especially Within Knowledge Evidence Act 134 - Number of witnesses Evidence Act Sec 157 - Former statements of witness may be proved to corroborate later testimony as to same fact Legal Procedure Explained - Interpretation of Statutes R.Shaji Vs State of Kerala Reportable Judgement or Order Statements under Section 154 Cr.P.C. or under Section 161 Cr.P.C. or under Section 164 Cr.P.C. can be used for corroboration and contradictions only but NOT as Substantive Evidence | Leave a comment

Deepak Mahto @ Deepak Kumar Vs State of Bihar on 12 Apr 2021

Posted on April 17, 2021 by ShadesOfKnife

Patna High Court held that ‘statements under Section 154 Cr.P.C. or under Section 161 Cr.P.C. or under Section 164 Cr.P.C. can be used for corroboration and contradictions only‘.

From Paras 8 and 9,

8. The aforesaid statement of the prosecutrix does not disclose as to what offence was committed against her.
Evidence given in a Court on oath coupled with opportunity of cross-examination to the accused has great sanctity and that is why the same is called substantive evidence. It is well settled by a catena of judicial pronouncements that statements under Section 154 Cr.P.C. or under Section 161 Cr.P.C. or under Section 164 Cr.P.C. can be used for corroboration and contradictions only.

9. In R. Shaji v. State of Kerala reported in (2013) 14 SCC 266, the Hon’ble Supreme Court said that a proposition to the effect that if statement of a witness is recorded under Section 164 Cr.P.C., his evidence in Court should be discarded, is not at all warranted. As the defence had no opportunity to cross-examine the witness whose statement was recorded under Section 164 Cr.P.C. or under Section 161 Cr.P.C., such statements cannot be treated as substantive evidence.

Deepak Mahto @ Deepak Kumar Vs State of Bihar on 12 Apr 2021
Posted in High Court of Patna Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 154 - Information in Cognizable Cases CrPC 161 - Examination of Witnesses By Police CrPC 164 - Recording of Confessions and Statements Deepak Mahto @ Deepak Kumar Vs State of Bihar False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Legal Procedure Explained - Interpretation of Statutes Statements under Section 154 Cr.P.C. or under Section 161 Cr.P.C. or under Section 164 Cr.P.C. can be used for corroboration and contradictions only but NOT as Substantive Evidence | Leave a comment

Rajesh R. Nair Vs Meera Babu on 5 Mar 2013

Posted on April 13, 2021 by ShadesOfKnife

A Division bench of Kerala High Court held that, a wife who is living separately by mutual consent, is not entitled to receive maintenance or Interim maintenance.

From Para 10,

Now, the question arises for consideration is whether the respondent is entitled to receive maintenance or interim maintenance from the petitioner after they have been living separately by mutual consent i.e., from 30.4.2011 onwards.

Going by the above sub-section, no wife is entitled to receive maintenance from her husband if they are living separately by mutual consent. Here, the petitioner and the respondent have been living separately since 30.4.2011. Therefore, Exts.P1 and P2 claims for maintenance and interim maintenance respectively filed by the respondent are hit by sub-section (4) of Section 125 of Cr.P.C. In other words, Exts.P1 and P2 claims are not maintainable. Hence, Ext.P11 common order passed by the Family Court is liable to be set aside. Ext.P1 claim for maintenance is liable to be quashed.

Rajesh R. Nair Vs Meera Babu on 5 Mar 2013

Citations : [2013 SCC ONLINE KER 24120], [2013 CRI LJ 3153], [2013 AIC 125 705], [2013 KLT 1 899], [2014 RCR CRI 1 411], [2014 CCC 1 99]

Other Sources:

https://www.casemine.com/judgement/in/5ac5e4694a93261aa7929df4

https://www.legitquest.com/case/rajesh-r-nair-v-meera-babu/197C65

Posted in High Court of Kerala Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC Sec 125(4) or BNSS Sec 144(4) - No Maintenance or Interim To Adulterer or Deserter Wife Legal Procedure Explained - Interpretation of Statutes Rajesh R. Nair Vs Meera Babu Reportable Judgement or Order | Leave a comment

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tejashyy TEJASH 🚩 @tejashyy ·
3 Aug

🚨 Harsh Dubey announces a Reservation Reform protest at Jantar Mantar:

Harsh Dubey has been granted permission by the Delhi Police to hold a protest for the Reservation Reform movement at Jantar Mantar from 21st August.

He is currently not associated with the Reservation

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mrsgandhi Priti Gandhi @mrsgandhi ·
3 Aug

Motor mouth @SupriyaShrinate is comparing percentages without telling viewers what they're percentages of.

That's not analysis. It is a misleading statistical comparison.

What she is dishonestly not telling the viewers is that the 𝗨𝗻𝗶𝗼𝗻 𝗠𝗶𝗻𝗶𝘀𝘁𝗿𝘆 𝗼𝗳

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venom1s ︎ ︎venom @venom1s ·
3 Aug

Why do feminist girls love humiliating their fathers?

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rekha_9999 Rekha @rekha_9999 ·
4 Aug

అసలు సంస్కారం ఉందా? వయసుకు తగ్గట్టుగా మాట్లాడడం రాకపోతే 2029లో ప్రజలే మీకు తుక్కుతుక్కుగా బుద్ధి చెబుతారు
@AmbatiRambabu ఈసారి single digit కి fix cheyalani చూస్తున్నట్టు ఉన్నారు గా
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