Affidavit – Magistrate cannot take proof affidavit except N.I Act
Whether the sessions court can take second cognizance u/s 193Cr.P.C after the case was committed by the Magistrate who took cognizance u/s 190 Cr.P.C earlier?
Protest petition must contain allegations
Section 27 Evidence Act: Mere recovery of money alone does not constitute conviction
Dying declaration: section 32 – Whether dying declaration can be treated as statement or confession if maker survives? Yes.
Whether protest petition is ‘complaint’? Yes
Defence counsel cannot argue if he does not ask question in cross-examination and court cannot base findings on the argument
Sub-Inspector cannot take action under section 7 of the Act, 1955
Prosecution has to establish the existence of demand as well as acceptance by the public servant to prove sections 7 & 13(1)(d) of P.C Act
Section 313 Cr.P.C: If the defence provided by the accused under section 313(1)(b) and the court did not considers it then the conviction does not stand
Powers of Magistrate under section 156(3) Cr.P.C to direct the SHO to investigation
Court must extremely cautious in passing adverse remarks in bail
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