FIRST LAW

Evidence Act, 1872 - S. 26 -  Confession by accused while in custody of police not to be proved against him -  Whether the expression Magistrate appearing in Section 26 of the Evidence Act would mean Judicial Magistrate or an Executive Magistrate? Held,  the expression “Magistrate” appearing in Section 26 of the Evidence Act would mean only a Judicial Magistrate and not an Executive Magistrate.

Negotiable Instruments Act, 1881 - S. 138 -  In every summons, issued to the accused, it may be indicated that if the accused deposits the specified amount, which should be assessed by the Court having regard to the cheque amount and interest/cost, by a specified date, the accused need not appear unless required and proceedings may be closed subject to any valid objection of the complainant.  [Para 20]