Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Evidence proves that main accused fired at deceased at bus stand, which hit his elbow and that deceased suffered multiple gunshot wounds - Thus, involvement of not only main accused but also other accused who were carrying firearms is duly established - Mere fact that independent witness did not..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Restoration of petition filed u/s 12 of the Act dismissed in default - Magistrate possesses implied power to restore a petition filed under the Act, which was dismissed in default, as proceedings under the Act are civil in nature - S.362 Cr.P.C. cannot be a bar for exercising such power in the process of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Application filed by defendant at the very initial stage - Application has to be filed at the time of leading evidence - Order allowing application set aside - Report of Local Commissioner discarded...........
Indian Penal Code, 1860, Section 306, 506 -- Abetment of suicide - If a creditor makes a phone call to debtor for return of his money that being a lawful act, it cannot on its own constitute a ground to prosecute creditor...........
Indian Penal Code, 1860, Section 306, 506, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Suicide note - Quashing of proceedings - Deceased committed suicide on account of depression for not being able to clear debt - Suicide note indicts as many as 9 accused without specifying role of any one of them - There is no material to indicate that deceased..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once charge sheet is presented before Court within statutory period, mere return of same during scrutiny for compliance of certain procedural defects cannot be construed to mean that charge sheet was not filed within time...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once a charge sheet is filed within prescribed period, right to statutory bail u/s 167(2) Cr.P.C. does not accrue...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Where alleged act has a reasonable nexus with discharge of official duty, protection u/s 197 Cr.P.C. is attracted - Test is not whether the act was strictly lawful but whether it was performed in the course of official duty or had a reasonable connection with such duty - Even if the act is alleged to..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 323, 451, 427, 147 -- Sanction for prosecution - Offence u/ss 323, 451, 427, 147 IPC - Petitioner acted under directions of Commissioner and proceeded in a bona fide manner while taking action regarding removal of encroachment - In such circumstances, acts complained of cannot be said to be wholly..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- Maintenance to minor child - Impleadment of a party - There is no specific provision in Cr.P.C. enabling impleadment of a party in the manner contemplated U.O.1.R.10 CPC...........
