Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Code of Criminal Procedure is epitome of law and is complete Code relating to Criminal Procedure from the first stage of filing the complaint, framing of charge till the conclusion of the trial and all other related matters - Likewise, if there is no material/evidence on record, then accused would be..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Scope and jurisdiction of High Court - Held, scope and jurisdiction for quashing a complaint, as envisaged under Section 482 Cr.P.C. is not res integra - The power under this Section has to be exercised with great care and caution and on sound principle - These powers are not to be exercised to stifle..........
Practice and procedure -- Prejudice to accused - It has to be shown that accused has suffered some disability or detriment in the protections available to him under the Indian Criminal jurisprudence - Courts should make a close examination to ascertain whether there was really a failure of justice or whether it is only a camouflage, as this expression is perhaps too..........
Criminal Procedure Code, 1973, Section 432, 389 -- Application for interim suspension of sentence or bail - Grounds for regular parole - Held, when application for interim suspension of sentence or bail is filed by a convict in a pending appeal, it is always open to the convict to seek suspension/bail from this Court on the grounds as provided for regular parole and the..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17A -- Additional evidence - Permissibility - Plaintiff-petitioner had got the signatures on Will compared from a hand-writing expert who had given an opinion contrary to the version of attesting witness - Thereafter signatures sought to be compared by way of additional evidence - Held, it is an appropriate case where..........
Specific Relief Act, 1963, Section 6(3), Civil Procedure Code, 1908, Section 115 -- Suit for possession - Appeal - Maintainability - Held, no appeal lies against decree passed in suit u/s 6 of the Specific Relief Act - However, in such cases where a suit upon title is wrongly treated as a suit u/s 6, an appeal lies - Proper procedure for appellate Court in such case is to..........
Criminal Procedure Code, 1973, Section 167(2)(a), Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Period of custody - Held, u/s 306, IPC offence can be punished for a term of imprisonment which may extend to ten years which shows that imprisonment under this Section can be for a period of less than ten years and such case would not be covered by clear..........
Criminal Procedure Code, 1973, Section 25A -- amended by Act 25 of 2005) - Director General of Prosecution - Procedure for appointment - Held, qualification for appointment of Director of Prosecution is 10 years experience and for appointment concurrence of Chief Justice of High Court is required u/s 25A(2) - State Govt. is left with complete discretion to start a..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Change in circumstances - Alteration therein - Held, a perusal of provisions of S.127 of Cr.P.C. makes it clear that where once an order for maintenance is passed u/s 125 of Cr.P.C. amount can be increased or decreased by change of circumstances of person receiving, or of person paying the amount - Change in..........
Civil Procedure Code, 1908, Section 35A -- Compensatory costs - Unless the compensatory costs is brought to a realistic level, the present provision authorizing levy of an absurdly small sum by present day standards may, instead of discouraging such litigation, encourage false and vexatious claims - Legislature may consider award of `punitive costs' under section 35A CPC...........
