Code of Criminal Procedure, 1973; Section 153 – Merely delay in registering the FIR per se cannot be a ground to reject the case of the prosecution but there has to be an explanation, especially, when 10 days have elapsed.
Code Of Civil Procedure, 1908; Section 96 – It is well open to the First Appellate Court while exercising power under section 96 of the Code of Civil Procedure to act as the final Court of fact and law. An appeal is the continuation of the proceedings. In such view of the matter, it is …
Saseendran vs KM Cherian (D) CA 2191 Of 2024 – S 96 CPC – First Appeal Jurisdiction Read More »
Constitution of India, 1950; Article 14,15 –Laws and regulations based on gender-based bias are constitutionally impermissible. Rules making marriage of women employees and their domestic involvement a ground for disentitlement would be unconstitutional- Referred to Anuj Garg and Others v. Hotel Association of India and Others (2008) 3 SCC 1 and C.B. Muthamma v. Union …
Constitution Of India, 1950; Article 342 – The Presidential notification of a tribe or tribal community as a Scheduled Tribe by the President of India under Article 342 is a sine qua non for extending any benefits to the said community in any State or U.T. – This implies that a person belonging to a …
Practice and Procedure – On 17th April, 2017, the Single Judge Of High Court pronounced only one line order declaring the operative part. The Judge demitted office on 26th May, 2017 and a detailed judgment was made available only on 23rd October, 2017, nearly 5 months after the Judge demitted the office- SC observed: even …
Uttar Pradesh Gangsters and Anti-Social Activities(Prevention) Act, 1986 ; Section 2(b)(i) – The person alleged to be the member of the gang should be found indulging in anti-social activities which would be covered under the offences punishable under Chapters XVI, or XVII or XXII IPC -For framing a charge for the offence under the Gangsters …
Code Of Criminal Procedure, 1973; Section 482 – Appeal against HC judgment that refused to quash FIR allowed – Criminal prosecution should not be allowed to continue where the object to lodge the FIR is not for criminal prosecution and for punishing the offender for the offence committed but for recovery of money under coercion …
Code Of Criminal Procedure, 1973; Section 91 – The accused cannot invoke and would not have right to invoke Section 91 Cr.P.C. at the stage of framing of charge – Referred to State of Orissa Vs. Debendra Nath Padhi, (2005) 1 SCC 568: Insofar as the accused is concerned, his entitlement to seek order under …
State Of Rajasthan vs Swarn Singh @ Baba CrA 856/2024S 91 CrPC – Right Of Accused Read More »
Limitation Act, 1963; Section 5 -The word ‘sufficient cause’ should be given liberal construction to see that substantial justice is done but only so long as negligence or inaction or lack of bonafide is not imputed to the parties concerned – Referred to Basawaraj and Another vs. Special Land Acquisition Officer, (2013) 14 SCC 81.
Code of Criminal Procedure, 1973; Section 482 – Indian Penal Code, 1860; Sections 415,420 , 406 – A contractual dispute or breach of contract per se should not lead to initiation of a criminal proceeding – The ingredient of ‘cheating’, as defined under Section 415 of the IPC, is existence of a fraudulent or dishonest …
Lalit Chaturvedi vs State Of Uttar Pradesh – S 482 CrPC – Ss 406,415,420 IPC – Read More »