Criminal Procedure Code, 1973, Section 482 -- Internet platform - Quality of products put on sale by prospective vendors - Issuance of interim directions by High Court - Plea that being an internet platform or an intermediary, appellant is not liable to guarantee the quality of goods or merchandise which is put up for sale nor is it possible for appellant to certify about..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife has repeatedly filed criminal cases against husband - Said conduct of wife would clearly amount to cruelty - More so, petition for restitution of conjugal rights filed by wife was dismissed earlier on the ground that she herself had deserted company of her..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Offence u/s 366 IPC, Ss.5(I), 6 of POCSO Act and S.9 of Child Marriage Act - PW2, PW7 & PW8 are crucial witnesses - If the witnesses are not cross-examined, evidence stands un-rebutted and it would amount to a case of no defence resulting in grave prejudice to accused - More so, PW2/victim..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Murder - FIR was lodged within seven hours - Even FIR was sent to Magistrate within 24 hours as required under provisions of Cr.P.C - Delay of seven hours cannot be said to be fatal to prosecution case...........
Criminal Procedure Code, 1973, Section 362 -- Recall of order - Application for recall of order is maintainable as it was an application seeking a procedural review and not a substantive review to which S.362 Cr.P.C would be attracted...........
Criminal Procedure Code, 1973, Section 394 -- Appeal against conviction - Death of appellant - Counsel as Amicus curiae cannot be treated as near relative of deceased - Appeal abates, as application for continuation of appeal having not been made within 30 days or even thereafter by any near relative as per provision of S.394 Cr.P.C...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Delay in filing appeal - Condonation of delay - Delay has apparently been caused due to red tapism in the office of District Magistrate - It cannot be accepted as a sufficient cause for delay - Moreover, case is virtually of no evidence - Delay cannot be condoned - Appeal dismissed...........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 Cr.P.C - If rights of parties have already been adjudicated upon by a particular forum, then entertaining an application u/ss 145, 146 Cr.P.C would not be appropriate - SDM was thus, perfectly justified in discontinuing proceedings u/ss 145, 146 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Payable from which date - Rajnesh Vs Neha, Criminal Appeal No.730 of 2020 (Supreme Court) followed wherein held : Right to claim maintenance must date back to date of filing application, since period during which maintenance proceedings remained pending is not within control of applicant - Maintenance awarded from..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 466, 468, 471, 167, 218, 120B -- Discharge - At the stage of charge, Court is not required to consider pros and cons of case and to hold an enquiry to find out truth - Marshalling and appreciation of evidence is not in the domain of Court at that point of time - What is required from Court is..........
