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 …
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 »
Can the monetary benefit received by the family of the deceased-employee under the provisions of the Motor Vehicles Act, 1988, be reduced in terms of the amount received under Haryana Compassionate Assistance to Dependents of Deceased Government Employees, Rules, 2006? Dismissing SLP, SC observed: The amount of Rs.31,37,665 was paid to the dependents of the …
Code of Criminal Procedure, 1973; Section 482 – FIRs quashed on settlement – The High Court can quash a criminal proceeding in exercise of its power under Section 482 of the Code having regard to the fact that the parties have amicably settled their disputes and the victim has no objection, even though the offences …
Code of Criminal Procedure, 1973; Section 156(3) – When the allegation in the complaint is with respect to commission of offence(s) triable by Court of Sessions it would be proper for the Magistrate to order for investigation under Section 156 (3), Cr.P.C. instead of conducting the enquiry by himself. (Para 6) Code of Criminal Procedure, …
Feran Singh vs State Of Madhya Pradesh CrA 838/2024 – Ss 156(3), 190, 200, 173(2) CrPC – Read More »