Showing : 61-70 of 763 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 18, 20, 22, Family Courts Act, 1984, Section 19(4)-- Dismissal of petition filed u/s 125 Cr.P.C. and Ss.18, 20, 22 of PWDV Act in Family Court - Appeal - Relief sought under PWDV Act is adjunct to relief sought u/s 125 Cr.P.C - Since an appeal against an order passed u/s 125 Cr.P.C is barred by virtue of S.19(2) of Family Courts Act, remedy of..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 161-- Delay of 20 days in recording statement of PW4 - No explanation forthcoming justifying delay in recording statement - Delay of 20 days in recording statement of PW4 thus, assumes significance particularly since her version recorded u/s 161 Cr.P.C. is conspicuously absent in FIR - Evidence of PW4..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Magistrate has no jurisdiction to order registration of FIR and direct investigation into offences under IPC against petitioner in absence of their being any sanction for prosecution u/s 197 Cr.P.C...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19-- Sanction for Prosecution - Provision of S.197(1) Cr.P.C and S.19(1) of P.C Act are identical so far as it relates to sanction for prosecution - Ratio of judgments related to both the provisions are applicable to each other with full force...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n)-- Anticipatory bail - Rape - Live-i, relationship between parties - Prima facie alleged act of rape was a consensual act between two adult persons - Record indicates that prosecutrix signed documents pertaining to her medical termination of pregnancy at her own will - Applicant deserves to be..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 397, 401, 227-- Revision - Charges framed u/ss 354, 354-A, 354-B, 341, 342, 376(2)(f), 376(2)(k) IPC - As per statement of victim u/ss 161, 164 Cr.P.C. she has interacted with her peers and friends disclosing her anguish at the conduct of applicant/accused both in respect of incident and apology tendered by..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 354, 354A(1)(i), Protection of Children from Sexual Offences Act, 2012, Section 4, 8, Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Sexual assault of 6 years old girl child - Accused found guilty of offence of penetrative sexual assault on minor female child of 6 years of age - Even, mental and psychological trauma of such sexual assault troubles minor female child throughout..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 10, 151-- Stay of civil proceedings - Simultaneous prosecution of civil and criminal proceedings - Both the proceedings are not arising out of identical set of facts - Scope of two proceedings are different - It is not a case involving complicated issues of law and fact, so as to embarrass the trial in..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 10, 151-- Stay of civil suit - Simultaneous prosecution of civil and criminal proceedings - Provision of S.10 CPC is inapplicable, as it is not a case of two Courts of concurrent jurisdiction trying two parallel suits in respect of same matter in issue - Consequently, it was not open for High Court to..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Prevention of Food Adulteration Act, 1954, Section 7(i), 2(ia)(a), 2(ia)(m), 16, 17, Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Adulteration in mustered oil - Vicarious liability - To substantiate vicarious liability, neither there is averment in complaint nor there is any material to fasten liability of applicants - Proceedings not tenable in law against applicants - Proceedings quashed...........

Showing : 61-70 of 763 Results