Criminal Procedure Code, 1973, Section 482, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Inherent powers of Court - Domestic violence - Right of appeal is provided u/s 29 of PWDV Act as well as alteration of orders at the instance of aggrieved party - Parties need to refrain from approaching High Court straightaway every time with aid of S.482 Cr.P.C..........
Criminal Procedure Code, 1973, Section 482, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Inherent powers of Court - Domestic violence - Mere issuance of notice, which cannot be equated with summons, when Magistrate is only dealing with its ministerial function, respondent cannot rush to Court by invoking inherent powers of Court u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 34 -- Anticipatory bail - Abetment of suicide - Admittedly, it is after one month of occurrence, allegations have come about - Perusal of submissions and records including FIR, a debatable issue arises over applicability of offence u/s 306 IPC and which can only be adjudicated at the time of..........
Criminal Procedure Code, 1973, Section 362, 482 -- Review - High Court has no jurisdiction to review its order either u/s 362 or u/s 482 Cr.P.C - Inherent power u/s 482 Cr.P.C cannot be used by High Court to reopen or alter an order disposing of a petition decided on merits...........
Criminal Procedure Code, 1973, Section 362 -- Recall of judgment - Amounts to alteration or review of judgment which is not permissible u/s 362 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Alteration of sentence - Where High Court had disposed of revision petition, upheld conviction, reduced sentence to period already undergone and enhanced fine, it became functus officio and as such, it could not have entertained petition u/s 482 Cr.P.C for altering sentence...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Permission from Court - It is not necessary for I.O to seek permission from Court to conduct further investigation...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Can be conducted even after commencement of trial of case...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Mere fact that further investigation is being conducted to cure some procedural or technical irregularities in charge sheet already filed before Court, cannot be a sufficient ground to issue a direction to I.O to drop such investigation...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Non framing of formal notice u/s 251 Cr.P.C. - No formal notice is required to be framed so long as substance of accusation is stated and accused is asked whether he pleads guilty or intend to lead any defence evidence and more so when accused fails to point..........
