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...parties. This document did not require further proof by summoning the author of report as per Section 293 Cr.P.CHon'ble the Supreme Court in a case of Zahira Habibullah Sheikh v...the Court has to come to a conclusion that the evidence is essential for the just appropriate decision of the case. Hon'ble the Supreme Court has interpreted Section 145 of the...RITU BAHRI, J.The present petition has been filed under Section 482 Cr.P.C is for quashing of order dated 07.04.2011 (Annexure P-6), whereby the...
...judgment passed by the Supreme Court is unequivocal, unambiguous and specific, leaving nothing to doubt. It has held conclusively that DNA report cannot be accepted under Section 293 of the Cr.P.C..., trial or other proceeding under this Code."
36. Sub-Section (2) of Section 293, Cr.P.C., grants a discretion in the hands of the Court that if it thinks fit, may...that Sub-section (2) of Section 293, Cr.P.C. uses the word
"may" and not "shall". On the facts of each case, the Court has to exercise the discretion whether the expert has...
...judgment passed by the Supreme Court is unequivocal, unambiguous and specific, leaving nothing to doubt. It has held conclusively that DNA report cannot be accepted under Section 293 of the Cr.P.C..., trial or other proceeding under this Code."
36. Sub-Section (2) of Section 293, Cr.P.C., grants a discretion in the hands of the Court that if it thinks fit, may...that Sub-section (2) of Section 293, Cr.P.C. uses the word
"may" and not "shall". On the facts of each case, the Court has to exercise the discretion whether the expert has...
...accepted, inasmuch as the same is contrary to the provisions of Section 293 Cr.P.C and the law laid down by their Lordships of the Supreme Court, in the case reported as...), opinion of the Assistant State Examiner of documents was produced in evidence as Ex.64 Under these circumstances, it was held by their Lordships of the Supreme Court that from that description alone, it could not be gathered whet...Cr.P.C was submitted in the court. On receipt of the case in the Sessions Court, all the three accused were charged under Section 306 IPC read with Section 120-B IPC. Af...
...light of Sub-section (4) of Section 293 of the Cr.P.C. He relied upon the judgment rendered by the Hon'ble Supreme Court in the case of R...allowed the petition dated 20.03.2020 under Section 293 of the Cr.P.C.
4. The case of the prosecution is that one Sanjay Kumar Singh had complained to the S.P. Vigilance...08.09.2012 without report of chemical examination of Forensic Science Laboratory, Jharkhand, Ranchi. The prosecution has filed a petition on 20.03.2020 under Section 293 of the Cr.P.C. to mark exhibit of...
...accordance with the provisions of Section 293-A of the Rajasthan Municipalities Act, 1959 (for brevity ‘the Act, 1959’) in as much as no period for their appointment as Administrator was mentioned...Rajasthan (1989 (2) RLR 130) that the provisions of Section 293-A of the Act, 1959 are mandatory and it is necessary for the State to mention period of appointment as...been made in sub-section (1) of Section 293-A of the Act, 1959 in which it has been mentioned that after the words “such appointment” and before the punctuation mark, the expression so, however, the...
...Instruments Act.3. On or about 1-8-2006 the appellant filed an application under Section 243 of the Code of Criminal Procedure wrongly mentioned as Section 293 of the Code of...Court, in support of their respective orders, have relied upon Section 20 of the Negotiable Instruments Act, which reads as under:“20. Inchoate stamped instruments...learned trial Judge as also the High Court rejected the contention of the appellant only having regard to the provisions of Section 20 of the Negotiable Instruments Act. The very fact that by reason...
...also stands concluded by a judgment of the Hon'ble Supreme Court in Madan Lal and Anr. v. State of H.P. , wherein it has been held:
Whether there was conscious...impression alongwith the samples to CTL was put to the accused in the statement under Section 313 Cr.P.C. Learned Counsel has placed reliance on a number of judgments...decision of the Hon'ble Supreme Court in State Of Rajasthan v. Gopal. 1998 SCC (Cri) 1586, wherein while dismissing the appeal filed by the...
...reports of DNA Finger Printing in Section 293(4) of Cr.P.C, arguments are still raised that the examination of such experts in court in unavoidable. This puts the needy to...such report cannot be marked without examining the Expert since Expert who issued the report does not come under Section 293(4) of Cr.P.C That order was passed during the...the question whether DNA test report can be admitted in evidence without examining the expert, primarily the court has to find out whether the report fails under Section 293 of...
...under Section 293 Cr.P.C. and also direct the learned Judicial Magistrate No. I, Viruthachalam to send the cheque bearing No. 929719 for hand writing expert....2. According to the petitioner, the petitioner filed a petition under Section 293 Cr.P.C, seeking a direction to the learned Judicial Magistrate No. I, Viruthachalam to send...on record.4. Admittedly, the petition filed under Section 293 Cr.P.C. is not maintainable seeking a direction to send the disputed cheque to the hand writing...
...necessity for examining any witness to prove the Excise Control Laboratory report as documents were marked in terms of Section 293 CrPC.7. Learned counsel for appellants...or PW 3 on the aspect of alleged delay in sending the samples.8. Section 293 CrPC reads as follows:“293. Reports of certain Government...officer is conversant with the facts of the case and can satisfactorily depose in court on his behalf.(4) This section applies to the following Government...
...(4) 293 of Criminal Procedure Code. The Supreme Court had rather held that the report of DNA Fingerprinting has to be admitted in evidence under
sub Section (1) of Section...sub-section (4) of section 293 Cr.P.C. This fact was also not noticed by the Delhi High Court in the case of Vijay Kumar (supra). Although entire section 293 of...read in evidence under section 293 Cr.P.C. unless it is proved according to the provisions of Evidence Act.
10. In the instant case the learned trial Court...
...Single Judge of this Court, the petitioner contended before the learned Single Judge that the learned Additional District Judge did not have jurisdiction to entertain the appeal under section 293(3) of...(supra), in which a Division Bench of this Court had come to the conclusion that section 293(3) of the Act provides for an appeal to the District Court by a person aggrieved by the order of the...Division Bench decision in Sardarbi Noor Mohammad's case (supra), that section 293(3) of the Act clearly provides for an appeal to the District Court for a person being aggrieved by the order of the...
...case the Hon'ble Supreme Court observed that Section 394 casts an obligation on the Court to be satisfied that the Scheme for amalgamation/merger is not contrary to public interest. It enjoins a duty on...major projects, according to the complainant, is in violation of Section 293 of the Companies Act, 1956....4.2 Referring to Section 293 of the Companies Act, the Learned Senior Counsel submitted that there is no...
...the report as a witness. Thus, the report is “admissible” without a proof by a witness. In catena of cases, Section 293 Cr.P.C has been interpreted as permitting the court....4. Secondly, although the FSL Report (Ex. P. 18) was tendered in evidence and was used as evidence, but the provisions of Section 293 Cr.P.C have not been followed.... According to Section 293(2) Cr.P.C an opportunity should have been given to the accused to challenge the finding of the FSL and for calling the expert for cross...
.... Section 293(2) Cr.P.C. permits the summoning of the expert for his examination as to the subject-matter of his report. Though, it is not a must, but the Court has to exercise its...provisions of Section 293 Cr.P.C. The aforementioned report Ex. PQ was also put to the accused in their respective statements. After the prosecution evidence was over and the...-examination. Even if the FSL report was per se admissible in evidence under section 293 of the code, a discretion vested with the Court to summon the expert and the said discretion was to be exercised...
...in (2004) 8 Supreme Court Cases 660 it is observed that Section 293(4) of Cr.P.C. envisages that the Court is to accept documents issued by any of the s...of Delhi, reported in (2008) 4 Supreme Court Cases 493 that as per provisions contained in sub-sections 1 and 2 of Section 293 of Cr.P.C. it is not obligatory that...was not admitted by the Appellant and other co-accused persons. In that case the Experts report was that of a handwriting expert which is not covered under Section 293(4) of Cr.P.C...
...293 sub-section 2.of Cr. P.C provides that if the court think fit it can summon and examine any such expert with respect to the subject matter of his report. Therefore, when application is...filed under section 293 sub-section 2 Cr. P.C then the court should apply its mind on the facts and circumstances of the case and on the basis of the chemical analyst report...examine the public analyst as witness. The powers have been conferred on the court to summon the public analyst as witness under section 293 sub-section 2 Cr. P.C It is true...
.... Section 293 sub-section (2) of Cr. P.C provides that if the court thinks fit it can summon and examine any such expert with respect to the subject matter of his report. Therefore, when ...is filed under Section 293 sub-section (2) Cr. P.C when the court should apply its mind on the facts and circumstances of the case and on the basis of the chemical analyst...summon and examine the public analyst as witness. The powers have been conferred on the court to summon the Public analyst as witness under Section 293 sub-section (2) Cr. P.C...
...1. The parties to this second appeal are Babu Deokinandan Rai, and Rheobalak Rai, who have been compelled by an order made under Section 293 of the Code of Civil...they contend was absolutely necessary before the' amount could be recovered. Both the Courts below have held that the absence of the certificate mentioned in Section. 293 of the Code of...two heads the first being that a suit to set aside an order passed under Section 293 was not maintainable; and the second that the certificate mentioned in Section 293 was not so essential that its...