Showing : 11-20 of 43 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 354, 452, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi)-- Anticipatory bail - Offence u/ss 323, 354, 452 IPC and S.3(1)(xi) of SCST Act - Accused in order to outrage the modesty of Scheduled caste woman entered into her house and caught hold of her, when she resisted accused started abusing her by calling her `Harijan', `Dhobi' - Word `Harijan', `Dhobi'..........
PATNA HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), 8(c), 18, Criminal Procedure Code, 1973, Section 438-- Bail - Bar to grant anticipatory bail - Accused allegedly caused death of deceased and assaulted informant - Parties being co-villagers are known to each other thus attract presumption u/S.8(c) of the Act - Evidence of informant and witnesses prima facie make out commission of offence - Grant of..........
PATNA HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14, 14A(2)-- Order refusing bail - If passed by any other Court than the Special Court or Exclusive Special Court, established or specified under the Act after Amendment Act of 2016, in that case, only legal recourse available to accused is to move afresh for grant of bail before Special Court or Exclusive..........
PATNA HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A(2)-- Appeal - Order granting or refusing bail - Appeal in terms of S.14-A(2) of the Act, before High Court shall lie, only against an order of Special Court or Exclusive Special Court, granting or refusing bail recorded after Amendment of Act of 2016 - Reckoning date to decide maintainability of such..........
KERALA HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - S.18 of 1989 Act creates a bar in invoking S.438 Cr.P.C. - However, a duty is cast on Court to verify averments in FIR or in complaint to find out whether an offence under Act of 1989 Act prima facie made out against accused...........
KERALA HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14-- Bail - Only Special Court or Exclusive Special Court constituted u/s 14 of the Act has jurisdiction to entertain an application for bail with respect to offences committed under the Act...........
KERALA HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14, 14A-- Bail - Power of Court of Session and High Court in its original criminal jurisdiction to entertain an application u/s 438 or S.439 Cr.P.C. has been impliedly taken away by S.14-A of the Act - Power of High Court in the matter is only appellate jurisdiction as provided u/s 14-A(2) of the Act...........
KERALA HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, 14-- Bail - Appeal before High Court - Lies only against an order of Special Court or Exclusive Special Court and unless there is an order of Special Court refusing bail, accused would have no right to file an appeal before High Court praying for grant of bail to them...........
KERALA HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, 14-- Bail - Appeal before High Court - Existence of an order of Special Court is sine qua non for approaching High Court...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989-- Scope and object of SC/ST Act: (i) Act enlarges the scope of criminal liability by including several acts or omissions of atrocities which are not covered by IPC or Protection of Civil rights Act; (ii) Act provides protection to SC/STs for various atrocities affecting social disabilities,..........

Showing : 11-20 of 43 Results