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Showing posts with the label Tripura High Court

Whether Delay in Instituting a Suit for Recovery of Money before a Civil Court can be Condoned [JUDGMENT]

Limitation Act, 1963 - Sections 5 and 14 -  Object & purpose of prescribing limitation - Extension of prescribed period in certain cases - Exclusion of time of proceeding bona fide in court without jurisdiction - Time spent for pursuing the matter before the Consumer Forum had to be excluded .
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Faulty Investigation, in any manner, cannot be allowed to Suppress the Truth [JUDGMENT]

The Indian Penal Code, 1860 - Sections 450 and 302 - The Evidence Act, 1872 - Section 118 - Who may Testify - Testimony of Minor Witnesses - Faulty Investigation.
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Chargesheet withdrawn and Fresh Investigation Launched - Accused is entitled to Default Bail [CASE LAW]

Criminal P.C. 1973 - Ss. 167(2), 437 - "default bail" - for starting a de novo investigation by withdrawing all the chargesheet and supplementary chargesheet from the court whether after expiry of the statutory period as provided by Section 167(2) of the Cr.P.C. the accused-person is entitled to the default bail or not. Held, No doubt about it that at this stage there is no chargesheet before the court as those were withdrawn and the fresh investigation has been launched. Such investigation is also covered within the meaning of "investigation" as provided under Section 167 of the Cr.P.C. Thus, the accused-person is entitled to the default bail.
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