Advocate Arvind vats

06/02/2021

21/12/2020

_*[ C ]:- Section 202 CRPC Issuance of process Neither necessary nor proper for Magistrate to weigh evidence at that stage or even indicate opinion in broad terms as to evidentiary value of such statements and documents It would suffice if Magistrate records fact that he had gone through material placed before him including statements of complainant and his witnesses and prima facie, found that sufficient grounds were made out to proceed against accused. [Para 40]*_

_*Sanjay vs Bikram CRM-M 30800/19 [ SANJAY KUMAR JJ ]*_

_*[ PUNJAB & HARYANA HIGH COURT ]*_
*________________________________*
ARVIND VATS ADV
FOR JOINT SECRETARY
RCBA

26/07/2020

_*• Sections 489-B, 489-C and 489D read with Section 34 IPC Recovery of counterfeit currency Conviction and sentence Appellants are not master minds but are mere carriers used to exchange counterfeit notes No reason to disagree with judgment rendered by trial Court or of High Court Conviction of appellants upheld Accused have undergone sentence of more than 18 months Sentence already undergone by appellants is more than sufficient keeping in view nature of offence and role of appellants Sentence reduced to period already undergone by them. (Paras 6 to 9)*_

_*Shaikh Mustafa v/s State of Maharashtra CRL-A 514/17 06/06/17 [ ASHOK BHUSHAN JJ ]*_

_*[ SUPREME COURT ]*_
Arvind Vats adv
Ballot no 2
For joint secretary
Rcba

23/04/2020

Cr.P.C on fingers tips...
💨 *Criminal courts*- (sec 6-17)
💨 *Justice of peace* - ( sec 22,22-A,22- B,25)
💨 *Power of courts*- (28-41)
Imp sec (30+34,31,32,33)
💨 *Aid to Mag & Police*- (42-45)
💨 *Arrest generally how made* (46-53)
Imp sec 51
💨 *Arrest without warrant*(54-67)
Imp sec (57,61,63,65)
💨 *Process to compel appearance and produce document* ( 68-74)(90-94)
Imp sec (90,91,94)
💨 *Warrant of arrest* (75-86-A)
💨 *Proclamation and attachment* (87-89)
💨 *Search warrants* (96-105)
Imp sec (98,100,103)
💨 *Wrongfully confined person/ Habeous Corpus* (100+491+552)
💨 *Security for keeping peace* (106-126-A)
Imp sec (106,107,116,123)
💨 *Unlawful Assembly* (127-132-A)
💨 *Public Nuisance* (133-144)
Imp sec (144)
💨 *Disputes to immovable property* (145-148)
💨 *Preventive action of police* (149-153)
💨 *FIR and power to investigate* (154-176)
Imp sec (154,155,156,161,164,165,167,173,176)
💨 *Statements of witnesses* (164+364+533)
💨 *Search of closed place by police* (165+102+103)
💨 *Physical and judicial remand* (167+344)
💨 *Disinter corpses* (176)
💨 *Place of inquiry and trial* (177-189)
💨 *Cognizance by Magistrate/Session/HC* (190-194)
💨 *Transfer of cases* (191,192,526,527,528)
💨 *Cases in which cognizance shall be taken only when complaint filed by the required complainant* (195-199B)
💨 *Complaint* (200-203)
💨 *Zina/Qazf/Fornication* (203 A,B,C)
💨 *Issue of process* (204)
💨 *Attendance dispense with* (116,205,540-A)
💨 *Charge* (221-240)
💨 *Framing of charge*(221,222,223)
💨 *Error of charge*(225,232,535)
💨 *Alteration of charge*(227,228,229,230,231)
💨 *Joinder of charges*(233,234,235,236,239)
💨 *Charge with one offence may be convicted of another* (236, 237,238)
💨 *Withdrawal of charge*(240)
💨 *Trial of Magistrate* (241-249-A)
💨 *Compensation in false accusation* (250)
💨 *Summary Trial* (260-265)
💨 *Trial before session and High court* (265A-265N)
💨 *Tender of Pardon* (337-339A,343)
💨 *Accused pleads guilty* (340)
💨 *Accused doesnot understand proceedings* (341)
💨 *Power to examine accused* (342)
💨 *Compoundable offences* (345)
💨 *Mag lacks jurisdiction*( 346,347)
💨 *Recording of evidence* (353-365)
💨 *Judgment* (366-373)(509-512)
💨 *Submission of sentence for confirmation* (374-379)
💨 *Ex*****on* (381-389)(396-400)
💨 *Suspension, remission and commutation* (401,402)
💨 *Double jeopardy* (403,art 13,sec 26 of general clauses,sec 11 cpc)
💨 *Appeals*(404-431)
Imp sec (408,410,411-A,417,423+ 376,426,428+375)
💨 *Revision/reference* (435/442)
Imp sec (435,439,439-A)
💨 *Lunatics* (464-475)
💨 *Affecting administration of justice* (476-487)
💨 *Public Prosecutor* (492-495)
💨 *Bail* (496-502)
💨 *Commissions* (503-508A)
💨 *Bonds* (513-516)
💨 *Irregularities that vitiate or dont vitiate proceedings*(529,530)
💨 *Compensation to heirs* (544-A)
💨 *Inherent power of High Court* (561-A)

Arvind vats adv
Ballot no 2
For joint secretary
Rcba

28/01/2020

_*► [ C ]:- Protection of Children from Sexual offence Act, Sections 6 and 10 Evidence Act, , Section 3 - Evidence of child witness - Reliability -Judicial Magistrate opined child witnesses not competent to depose Barely two months thereafter both victims gave graphic detail of alleged incident before trail court - In cross examination child witnesses clearly stated that her mother told her what to say in court Held, not safe to solely rely upon evidence of both child Witnesses*_

_*Dharamvir V. State Of Punjab CRA-S.3310-SB/13*_

_*►THE PUNJAB & HARYANA HIGH COURT*_
*_______________________________*

Arvind vats adv
For joint secretary
Rcba
Rohini court

22/01/2020

_*SC Civil*_

_*Party Name:- Oriental Insurance Co. Ltd. V/s Dicitex Furnishing Ltd*_
_*Case No:- CA 8550/19*_
_*Date:- 13/11/19*_

_*:Arun Mishra JJ*_

_*HEADNOTE:- Arbitration and Conciliation Act Section 11(6) Appointment of Arbitrator Claim of insurance Appointment of Arbitrator challanged on the ground that respondent has signed discharge voucher Plea that vouchers signed in economic duress whether a dispute is arbitrable, in the context of no objection certificates or discharge vouchers, was examined in Boghara Polyfab for the first time Held that at the stage of appointment of arbitrator, the court-which is required to ensure that an arbitrable dispute exists, has to be prima facie convinced about the genuineness or credibility of the plea of coercion It cannot be too particular about the nature of the plea, which necessarily has to be made and established in the arbitration proceeding Concept of economic duress has been upheld by the Court Reasoning in the impugned judgment cannot be faulted*_
Arvind vats adv
For joint secretary
Rcba
Rohini court

15/01/2020

_________________________________*

_*[ A ]:- Stamp Act Section 35 Insufficiently stamped document-Cannot be receixed in evidence for any purpose (main or collateral)- If an insufficiently stamped document comes before a Court, a duty is cast upon Court to impound the document by following procedure under Stamp Act and ensure that requisite stamp duty is paid Only after Tequisite stamp duty is paid, document becomes admissible in evidence- If duty/penalty is not paid, it is wholly inadmissible. (Para 23)*_

_*Tatineni Venkata S***a v/s Kodali Jayalaxmi CRP 3333/13 [ DV SOMAYA JJ ]*_

_*[ TELANGANA & ANDHRA PRADESH HIGH COURT ]*_
*________________________________*
Arvind vats adv
For joint secretary
Rcba
Rohini court

07/01/2020

_*[ C ]:- NI ACT Section .138 Dishonour of cheque -Revision against conviction - Imposition of condition of deposit 1/4th of cheque amount while admitting revision Said condition was in addition to fine which accused had already remitted Condition imposed by High Court at this stage not warranted Interim direction issued by High Court for deposit of 1/4th of cheque amount vacated with direction to dispose of Revision expeditiously and preferably within 6 months. ( Paras 1 & 4)*_

_*MV Amreeth v/s Venkata Krishna CRL-A 747/18 [ KURAIN JOSEPH JJ ]*_

_*[ SUPREME COURT OF INDIA ]*_
*________________________________*

Arvind vats adv
For joint secretary
Rcba
Rohini court

05/01/2020

_*SC CRL*_

_*Part Name:- Chintambaramma v/s State of Karnataka*_
_*Case No:- CRL-A 1258/19*_
_*Date:- 22/08/19*_

_*HEADNOTE:- Section 302 read with Section 34 IPC Murder-Proof-Chain of circumstances has not been completed so as to lead only one conclusion that appellants and the appellants alone were responsible for committing the crime-Since prosecution story proceeded on the basis that role of appellants is that of conspirators but having failed to prove the charge of conspiracy, the appellants could not be convicted for the offence under Section 302 IPC-Such conviction has caused not only prejudice but also failure of justice, therefore, conviction cannot be sustained-Appellants are acquitted of charges leveled against them-Appeal allowed. [Paras 15 & 20]*_
Arvind vats adv
For joint secretary
Rcba
Rohini court

31/12/2019

_*DHC Civil*_

_*Party Name:- NV v/s AV*_
_*Case No:- Mat App FC 12/18*_
_*Date:- 03/05/19*_

_*GS Sistani JJ*_

_*HEADNOTE:- Hindu Marriage Act Sections 13(1)(ia) & (ib)-Divorce on ground of cruelty and desertion-Dismissal of petition filed by wife-Appeal-Family Court rightly dismissed the petition on ground of desertion as statutory period of separation was not complete at the time of filing the petition-Insofar as ground of cruelty is concerned, there are repeated assertions by appellant that dowry was taken at the time of marriage and post marriage, there were further demands-Appellant had further pleaded and testified that she was taunted for being fat and not beautiful in appearance-Entire testimony of appellant remained unimpeached and hence all allegations would be deemed to be admitted by respondent Family Court has erred in coming to conclusion that testimony was unreliable or that appellant had not proved cruelty-Even contradiction in the pleadings is not a reason enough which would disentitle the appellant to a decree of divorce-Apart from cruelty, even otherwise nothing remained in the marriage as being irretrievably breakdown-Fit case where marriage between parties deserves to be dissolved-Appeal allowed.[Paras 16, 18, 24, 29 & 30]*_
Arvind vats adv
For joint secretary
Rcba
Rohini court

28/12/2019

*__________________________________*

_*[ A ]:- Section 100 CPC -Second appeal Substantial question of law-Question of law can be raised at any stage of proceedings-But such question should be upon facts either admitted or proved beyond controversy-In instant case, question of payment of court-fee is not either admitted or proved beyond controversy-Without proper foundation and without raising such a contention either before trial Court or appellate Court and when question is not admitted and not proved beyond controversy, such a question cannot be permitted to be raised in second appeal. (Para 19)*_

_*R Srinivas v/s R Jayaram RSA 1806/15 [ NARAYANA JJ ]*_

_*[ KARNATAKA HIGH COURT ]*_
*_________________________________*
Arvind vats Adv
For joint secretary
Rcba
Rohini court