Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Word cognizance is not defined in Cr.P.C. - However, cognizance means application of judicial mind to facts on hand...........
Criminal Procedure Code, 1973, Section 468 -- Limitation - Compensation - Once compensation is provided to be awarded by following the procedure under Cr.P.C., S.468 Cr.P.C. has no application at all as compensation is not an offence...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 22, 23, Criminal Procedure Code, 1973, Section 468 -- Proceedings u/ss 12, 18 to 23 of PWDV Act - Limitation - None of provisions u/ss 12, 18 to 23 of PWDV Act, speak any relief to be granted for any offence much less by way of punishment or by saying as a deemed offence - Question of..........
Criminal Procedure Code, 1973, Section 354, Constitution of India, 1950, Article 137, Indian Penal Code, 1860, Section 304A -- Reduction of sentence - Principle of parity - Uphaar Cinema Tragedy - In the instant case, appellants, licensee and person actually running cinema and all are equally responsible for tragedy - However, sentence of licensee reduced to period already..........
Criminal Procedure Code, 1973, Section 127 -- Maintenance - Recalling of order - Power of Court - Order passed by Court can be recalled, if there is error of law resulting in miscarriage of justice to parties...........
Criminal Procedure Code, 1973, Section 207, Information Technology Act, 2000, Section 66, Copyright Act, 1957, Section 63, 63B -- Non-supply of hard disk to accused - In the instant case, appellant stolen `source code' of software known as `Quick Recovery' developed by complainant's company and thereafter put it for sale on website of appellant company under the name of..........
Criminal Procedure Code, 1973, Section 362 -- Review - Delay of 358 days in filing review petition - Condonation of delay - No satisfactory explanation for condonation of such huge delay - Though petitions are liable to be dismissed on the ground of delay itself, yet after going into petitions of review, there is no error apparent on the face of record of case, warranting..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 34, 386, 365, 212 -- Anticipatory bail - Offence u/ss 306, 34, 386, 365, 212 IPC - Petitioner named in the FIR - Overt act attributed to petitioner - Nature and gravity of the offences in question, shows that it was not a fit case where petitioner is entitled to benefit of anticipatory bail -..........
Criminal Procedure Code, 1973, Section 82, 83 -- Issuance of process u/s 83 Cr.P.C. - Quashing of order - Petitioner while challenging impugned order already joined trial and is released on anticipatory bail - Purpose of proceedings u/ss 82, 83 Cr.P.C. is to initiate proceeding qua accused for joining investigation - Since said purpose is already met, impugned order for..........
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 161, 162(2) -- Dying declaration - There is no statutory form of a dying declaration - Even a statement given u/s 161 Cr.P.C. to a police officer may be regarded as a dying declaration in view of S.162(2) Cr.P.C...........
