Court : Guwahati
..... documents and material objects and for such other purposes as may be prescribed; and the claims tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973 (2 of 1974).19. ..... documents and material objects and for such other purposes as may be prescribed; and the claims tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973 (2 of 1974). ..... from the above discussion, it is clear that the claims tribunal is a 'civil court', and is subordinate to high court, its orders are amenable to revisional jurisdiction of high court under section 115, civil procedure code.in coming to the above conclusion, the division bench also noted the following:(7) the distinction between the courts of general jurisdiction and courts of special jurisdiction was noted by their lordships of privy council in rajah nilmoni ..... are to follow the procedure laid down in the civil procedure code and they have to act in a judicial manner and they are manned by judicial officer not below the rank of district judge and an appeal is provided against their decision ..... under section 173 of the act an appeal against an award of the claims tribunal ..... does not begin until some tribunal which has power to give a binding and authoritative decision (whether to appeal or not) is called upon to take action. ..... the provisions of appeal is thus relevant to hold that the tribunals are .....
Tag this Judgment!Court : Guwahati
..... criminal procedure code, 'must be regarded as applicable to those cases where the information given to the police is ..... the wild life protection act, 1972, the magistrate could take cognizance of an offence for the said offence on the complaint made by the said statutory officers even if the police officer is investigating the case on a criminal case for the same incident; we may also remember that the apex court in a number of cases held that judgment is to be understood in the context of the fact of that case (see, apex court ..... 76 of 1995 was filed by the appellant before the apex court and the apex court by allowing the appeal held that the high court was clearly in error in quashing the charge under section 494 ipc on the ground that the trial court could not have taken cognizance ..... perusal of the section 155, crpc, this much is clear that in a criminal case relating to two or more offences of which at least one is cognizable, the criminal case shall be deemed to be cognizable one, notwithstanding that the other offences are ..... ' is defined in section 2(d) of the crpc and it means 'any allegations made orally or in writing to a magistrate, with a view to his taking actions under this code, that some person, whether known or unknown, has committed the offences, but does not include the police report. ..... offences if cognizable could be investigated together under chapter-xiv of the code and also if one of them was a ..... is a new provision introduced for the first time in the code in 1973. .....
Tag this Judgment!Court : Guwahati
..... no police officer or other person shall prevent, by any caution or otherwise any person from making in the course of any investigation under this chapter any statement which he may be disposed to make statement of his own free will.the provisions of sections 161 and 163 of the criminal procedure code emphasize the fact that police officer is prohibited from beating or confining persons with a view to induce them to make statements. ..... state of madras : 1967crilj665 , thus:it is not therefore every offence committed by a public servant that requires sanction for prosecution under section 197(1) of the criminal procedure code; nor even every act done by him while he is actually engaged in the performance of his official duties; but if the act complained of is directly concerned with his official duties so that, if questioned, it could be claimed to have ..... is necessary, in this connection, to notice the provisions of section 163, criminal procedure code which is to the following effect.163. ..... section 161, criminal procedure code empowers any police officer investigating a crime or any other police officer acting on his requisition to examine orally any person supposed to be acquainted with facts and circumstances of the ..... for these reasons we hold that this appeal should be allowed, the judgment of the high court acquitting the respondents should be set aside and the appeal is accordingly ordered to be remanded to the high court for being dealt and disposed of in accordance with ..... appeal .....
Tag this Judgment!Court : Guwahati
..... trials in relation 'to any one of the offences specified in sections 9 and 10 shall be held in accordance with the procedure laid down in the code of criminal procedure, 1898 (1973). ..... notwithstanding anything contained in the code of criminal procedure, 1898 (now ii of 1974), the central government may invest the commandant or an assistant commandant with the powers of a magistrate of any class for the purpose of inquiring into or trying any offence committed by a member ..... force may be tried either by a judicial magistrate 1st class or commandant or assistant commandant who has been specially conferred with the powers of judicial magistrate;(2) trial will be a judicial trial and the procedure to be followed shall be as per the criminal procedure code ;(3) appeal/revision will lie against the order of the trial court i.e. ..... 36(b) which was mainly relied upon by the appellate court, has been incorporated under chapter via under the heading of 'place of trial and adjustment of jurisdiction of ordinary ..... the expression 'magistrate' occurring in rule 36b under this chapter via of the rules has been defined in the context of place of trial and adjustment of jurisdiction of only ordinary courts and not in the context of power conferred upon the central government under section 16(2) of ..... - for the purpose of this chapter, 'magistrate' means a magistrate other than the commandant or an assistant commandant on whom the powers of a magistrate have been conferred under sub-section (2) ..... chapter .....
Tag this Judgment!Court : Guwahati
..... state : 1980crilj690 , the supreme court held that the term 'interlocutory order', which occurs in the code of criminal procedure, needs to be given a very liberal construction in favour of the accused in order to ensure complete fairness of the trial and that revisional jurisdiction of the high court or of the sessions judge would be attracted if an order is not ..... me clear however that before it can be said that any magistrate has taken cognizance of any offence under section 190(1)(a) criminal procedure code, he must not only have applied his mind to the contents of the petition but must have done so for the purpose of proceeding a particular way as indicated in the subsequent provisions of this chapter-proceeding under section 200 and thereafter sending it for inquiry and report under section 202. ..... , without specifically passing an order that he has taken cognizance of the offence, would make the order, directing issuance of process, illegal, it is appropriate to take note of the provisions of section 190 of the code of criminal procedure (in short, 'the code'), which run as follows:190. ..... order' has not been defined in the code of criminal procedure. ..... read thus:what is taking cognizance has not been defined in the criminal procedure code and i have no desire to attempt to define it. ..... notice, reads, '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.'12. .....
Tag this Judgment!Court : Guwahati
..... not-(a) convict or acquit the accused under sections 252, sub-sections (1) and (2) of section 255, sub-section (1) of section 256 or section 257 of the code of criminal procedure, 1973 (2 of 1974), or hear him in his defence under section 254 of the said code, or(b) frame in writing a charge against the accused under section 240 or sub-section (1) of section 246 of the said code, or(c) make an order committing the accused, for trial to the court of session under section 209 of the said ..... it seems to me clear however that before it can be said that any magistrate has taken cognizance of any offence under section 190(1)(a), criminal procedure code, he must not only have applied his mind to the contents of the petition but must have done so for the purpose of proceeding in a particular way as indicated in the subsequent provisions of this chapter - proceeding under section 200 and thereafter sending it for inquiry and report under section 202. ..... while a charge in a case exclusively triable by a court of session is framed as indicated hereinbefore, the trial of warrant procedure case by the magistrate stands divided, under chapter xix of the code, into two* distinct parts. ..... broadly speaking, when, on receiving a complaint, the magistrate applies his mind for the purpose of proceeding under section 200 and the succeeding sections contained in chapter xv of the code, he is said to have taken cognizance of the offence within the meaning of section 190(1)(a). .....
Tag this Judgment!Court : Guwahati
..... appeals mentioned above are more or less common, we find it convenient to take up these grounds together, duly making reference to specific grounds taken in individual cases as and when relevant.one of the common grounds taken by, the learned counsel for the appellants was that the learned special judge erred in following the procedure prescribed under section 225 to 237 included in chapter-xviii of the code of criminal procedure ..... application of code to proceedings before a special court--save as otherwise provided in this act, the provisions of the code of criminal procedure, 1973 (2 of 1974) (including the provisions as to bail and bonds) shall apply to the proceedings before a special court and for the purposes of the said provisions, the special court shall ..... appeals filed by four appellants under section 36b of ndps act, 1985 read with section 374 clause (2) of criminal procedure code 1973, are directed against the common judgment and order dated 2.6.2006 passed by the learned court of special judge ndps, shillong in criminal ..... a plain reading of the above provision makes it clear that the provisions of the code of criminal procedure, 1973, apply to the proceedings before a special court and for the purposes of the said provisions the special court ..... act specifically provides that a special judge, while trying the accused person shall follow the procedure prescribed by crpc 1973 for trial of warrant cases by magistrate, no such corresponding provision has been incorporated in .....
Tag this Judgment!Court : Guwahati
..... in respect of applications under chapter ix of the criminal procedure code the provisions of that code shall apply.11. ..... application for extension of time in which to file petition for certiorari to review judgment of court of appeals does not require notice to adverse counsel, not 'application' within court rule requiring notice. ..... 'every petition under the indian divorce act, 1869 (act iv of 1860) except petition under section 44 of the same act and every memorandum of appeal under section 55 of the same act'. ..... petition under the indian divorce act, 1869, except petitions undersection 44 of the same act, andevery memorandum of appeal undersection 55 of the same act. ... ..... petition under theindian divorce act, 1869 (act ivof 1869) except petitions undersection 44 of the same act, andevery memorandum of appeal undersection 55 of the same act. ..... application could be understood in a generic sense as a prayer made to an authority for some relief to set aside an order of another authority and such an application is under the statute would amount to an appeal, karnataka theatres ltd. v. s. ..... 'petition' meant an 'appeal', a 'prayer' or a 'request' to act, and did not mean a particular form diagram ..... the plaint of memorandum of appeal which has given rise to the judgment under review and not any other plaint or memorandum of appeal. ..... plaint or memorandumof appeal in each of the follow-ing suit:(i) xxx xxx xxx(ii) xxx xxx xxx(iii) to obtain a declaratorydecree where no consequentialrelief is prayed .....
Tag this Judgment!Court : Guwahati
..... periods of limitation prescribed under section 468 of the code of criminal procedure (in short, 'the code'), which imposes bar to the taking of cognizance by the court beyond the prescribed periods of limitation and how to construe the commencement of such a period of limitation under section 469 read with sections 471 and 472 of the code are the two important questions, which this criminal petition, made under section 482 of the code, have raised. ..... of time in certain cases--(1) in computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a court of first instance or in a court of appeal or revision, against the offender, shall be excluded:provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a court which suffers from defect of ..... proceedings, extension of the period of limitation or condonation of delay is possible only when the appellant or the applicant satisfies the court, as embodied in section 5, that he had sufficient cause for not preferring the appeal or making the application within the period of limitation. ..... out that chapter-xxxvi of the code, which prescribes various periods of limitation, was introduced, for the first time, in 1973. ..... the period of limitation, time taken during which the case was being diligently prosecuted in another court or in appeal or in revision against the offender should be excluded. .....
Tag this Judgment!Court : Guwahati
..... while considering this aspect of the matter, it needs to be pointed out that chapter xii of the code of criminal procedure, 1973, deals with information to the police and their powers to investigate. ..... provisions, contained in sections 408 to 411, clearly shows that section 408 empowers a sessions judge to transfer cases and appeals from one criminal court to another criminal court in his sessions division; whereas section 409 empowers the sessions judge to withdraw, subject to certain conditions, any case or appeal, within his sessions division, or recall any case or appeal, which he might have himself made over, and, then, either try the case in his own court or hear ..... - (1) in computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a court of first instance or in a court of appeal or revision, against the offender, shall be excluded:provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a court which suffers from defect of jurisdiction or other .....
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