Under Section 125 CrPC, a Magistrate can pass a maintainence order against a person having sufficient means neglects or refuses to maintain; The question is whether a wife can choose to seek maintenance from her major son instead of seeking it from her husband? If we read Section 125 CrPC, we can see that maintenance …
Section 437 CrPC provides that when any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of session, he may be released …
In Abdul Rehman Antulay Vs. R S Nayak [ [1991) SUPP. 3 S. C.R. 325, 1991 (2) SCALE 1273 :: AIR 1992 SC 1701 :: (1992) 1 SCC 225 ] the Constitution Bench of the Supreme Court observed as follows: 1. Fair, just and reasonable procedure implicit in Article 21 of the Constitution creates a right …
Supreme Court Constitution Bench Judgments On Speedy Trial Read More »
Section 162, Cr.P.C. contains a prohibition against obtaining the signature of witness whose statement is recorded during investigation. In State of U.P. v. M.K. Anthony , the Supreme Court observed that even if the signature of witness was obtained on the statement recorded by the investigating officer, Section 162 CrPC does not render his evidence inadmissible. “It …
Section 162 CrPC – Effect Of Statement Signed By Witness Read More »
In Shri Gurbaksh Singh Sibbia vs State of Punjab (1980) 2 SCC 565, the Constitution Bench of the Supreme Court, while upholding the constitutionality of Section 438 Cr.P.C., observed thus: Thirdly, the filing of a First Information Report is not a condition precedent to the exercise of the power under Section 438. The imminence of a likely arrest founded on …
There is no provision in Criminal Procedure Code which speaks about amendment of a First Information Report registered under Section 154 CrPC. The question whether an FIR can be ‘amended’ is seen considered by Madras High Court in R.Westly vs Union Of India (2019). While holding that an FIR once registered cannot be amended, Justice P …
In Harjeet Chandok @ Harjeet Singh vs State Of Karnataka, the Sessions Court has rejected the bail application on the sole ground that the accused have not produced the address proof of their native place. The Karnataka High Court, while allowing their bail plea, observed that ‘the petitioners are natives of some other State itself …
Can Bail Be Denied Merely Because Accused Are Natives Of Other States? Read More »
Chapter XX of the Indian Penal Code includes Sections 494 and 495 IPC Section 494 IPC reads thus: “Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of …
A filed a cheque bounce complaint under Section 138 Negotiable Instruments Act against B. However, the Magistrate Court acquitted B. Can A file appeal before Sessions Court invoking provisio to Section 372 Cr.P.C. or should he file appeal with special leave before High Court under Section 378(4) CrPC is the query.? Section 372 CrPC proviso …
Cheque Case Complaint – Appeal Against Acquittal Read More »
The Supreme Court in Radhey Shyam vs Chabbi Nath held that judicial orders of civil court are not amenable to writ jurisdiction under Article 226 of the Constitution of India. So if a judicial order is not appealable or revisable, one can only invoke the ‘supervisory jurisdiction’ of the High Court by filing a petition under Article 227 …
Can A Writ Petition Be Filed Against A Judicial Order Passed By A Criminal Court? Read More »