Showing : 51-60 of 146 Results

DELHI HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 372- - Appeal - Question of double jeopardy is irrelevant to construction of S.372 Proviso Cr.P.C. - Double jeopardy is protection against second trial after acquittal while S.372 Proviso Cr.P.C. guarantees right to appeal - Appeal proceedings are not equivalent to a retrial...........
DELHI HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 372- - Appeal - S.372 Proviso Cr.P.C. establishes an independent, substantive right of appeal in favour of victim in certain circumstances - S.372 Cr.P.C. forbids appeal unless otherwise authorized by Cr.P.C. or any other law but proviso to S.372 Cr.P.C. dispenses with requirement of leave in case it is..........
DELHI HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 372- - Appeal - Locus standi of private parties - Maintainability - There has to be relationship between injury and victim - Injury has to be proximate, it cannot be remote - Where victim is unable by reason of trauma, shock or other disability, to make a choice of preferring appeal, those who are in a..........
DELHI HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 372- - Appeal - Locus standi of private parties - Maintainability - Presumption of innocence in favour of accused after acquittal was sought to be protected by not only subjecting the appellant remedy to leave to Court but also restricting this remedy to only hands of State and complainant - Standing of..........
DELHI HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 372- - Appeal - Right to appeal given to a `victim' u/s 372 Proviso Cr.P.C. is prospective - It is the date of passing of order to be appealed from and not any other fact situation, which shall determine the right to appeal of a victim...........
GAUHATI HIGH COURT
Year of decision: 2015
Details
Succession Act, 1925, Section 370, 371, 372-- Succession certificate - Family pension - Benefit of family pension is not a `debt or security' within the meaning of S.370 of Act - Succession certificate cannot be granted in respect of family pension - More so, second wife is not entitled to benefit of family pension during subsistence of first..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 372, 378(3), (4)-- Appeal against acquittal by victim - Leave to appeal - No such leave is contemplated by S.372 Cr.P.C. - No formal application for grant of leave is required for filing appeal against acquittal by victim...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 372-- Appeal against acquittal by victim - Power of High Court to admit or dismiss appeal in motion hearing - Is intact and cannot be taken away, as requirement of obtaining leave and power of High Court to dismiss the appeal summarily is not one and the same...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 372-- Appeal against acquittal by victim - Limitation - No limitation is provided for filing appeal against acquittal by victim as S.372 Proviso Cr.P.C. and Art.114 of Limitation Act is silent - However, such an appeal should be filed within reasonable time - But it would not be appropriate to hold that..........
CHHATTISGARH HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 372- - Appeal against acquittal - Complainant is not entitled to prefer an appeal u/s 372 Proviso Cr.P.C. before Court of Session against judgment of acquittal passed by subordinate criminal Court arising out of criminal complaint filed by complainant as he is required to prefer an appeal under S.378(4)..........

Showing : 51-60 of 146 Results