Section 311 crpc explained
Web31 Jan 2024 · The power under Section 319 CrPC cannot be exercised in a casual and cavalier manner. It should be exercised only when strong and cogent evidence occurs … Web5 Feb 2024 · Further, the Court observed that, Section 311 of the Code gave wide power to the Court to summon a material witness or to examine a person present on Court or to …
Section 311 crpc explained
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WebThe nature and scope of the powers to be exercised by the court under Section 311 Cr.P.C. was elaborately considered in the case of Rajaram Prasad Yadav v State of Bihar and another8 and after considering the earlier precedents, the principles to be followed by the courts with regard to exercise of powers under the said section have been explained and … Web23 Aug 2024 · Chandrashekar and Anr, 2005 held that Section 65 of CrPC is a substituted service and this mode of service can only be opted when the service of summons to the accused under Section 62, 63 and 64 are exhausted and did not prove to be effective. ... The use of the term “forthwith” in Section 157(1) was explained by the Hon’ble Supreme ...
WebSection 311 of CRPC Power of Summon material witness, or examine person present Harpreet Singh Kahlon 41K subscribers Subscribe 327 Share 7.5K views 1 year ago case law:- 1.Jamatraj... Web4 Jul 2014 · Section 311 empowers the court at any stage of any inquiry, trial or other proceedings under the Code to summon any person as a witness or examine any person …
Webto anyone. The principles underlying Section 311 CrPC and amplitude of the powers of the court thereunder have been explained by this Court in several decisions [ Vide Mohanlal Shamji Soni v. Union of India, 1991 Supp (1) SCC 271 : 1991 SCC (Cri) 595; Zahira Habibulla H. Sheikh v. State of Gujarat, (2004) 4 SCC 158 : 2004 SCC The importance of trial lies with procuring the presence of the witnesses and the person to whom summons are sent. However, what if the … See more The section that specifies the provision related to ‘examination of witnesses’ is Section 135 of theIndian Evidence Act, 1872. It stipulates that the process related to the production and examination of witnesses is to be … See more Section 311 clearly specifies that the summoning of a witness for the examination or re-examination is required if it is essential to call or recall them for the dispensation of … See more Another important aspect of Section 311 of the 1973 Code is the suo moto power of the court to call or recall witnesses. The court may be dealing … See more
Web14 SCC 461 which relates to the power of the Court under Section 311 Cr P C and its para No.17 is as under:-“17. From a conspectus consideration of the above decisions, while dealing with an application under Section 311 Cr.P.C. read along with Section 138 of the Evidence Act, we feel the following principles will have to be borne
Web21 Jun 2024 · The trial itself was at the end of its closure when an application was filed by the Public Prosecutor under Section 173(5) read with Section 311 of CrPC for summoning the witnesses along with the concerned documents to adduce their evidence in connection with the second post-mortem conducted on the body of the deceased. The order allowing … cheap used vans shoesWeb18 Feb 2024 · The CrPC defines a “complaint” as “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.”. However, an FIR is the document that has been prepared by the police after verifying ... cycle road tyre reviewsWebThe nature and scope of the powers to be exercised by the court under Section 311 Cr.P.C. was elaborately considered in the case of Rajaram Prasad Yadav v State of Bihar and another11 and after considering the earlier precedents, the principles to be followed by the courts with regard to exercise of powers under the said section have been explained and … cheap used versace shirtWebSection 311 empowers the Court to summon a material witness to appear before the Court for recording his evidence even after the defence evidence has been completed, if it is not adversely affecting the defence (accused). The Supreme Court in Raghu Nandan v. cheap used vehicles for sale in belizeWeb10 Aug 2024 · In relation to Section 311, it was stated that the court's power is not limited by evidence closing. As a result of the preceding debate, it is abundantly obvious that the vast powers granted by Section 311 are to be controlled by the need for justice. cheap used vans victoriaWeb7 Jan 2015 · It was submitted that Section 313 CrPC makes it mandatory to put all the incriminating evidence and circumstances to the accused and Ext. P-12 FSL report, which … cheap used vans sale nearWeb20 Mar 2024 · Court has also explained the test to be followed while invoking section 319 of CrPC. It reads: "The provisions contained in Section 319 CrPC sanction the summoning of any person on the basis of any relevant evidence as available on record. However, it being a discretionary power and an extraordinary one, is to be exercised sparingly and only ... cycle rochat