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 private third party to..........
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...........
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 marriage of government..........
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...........
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...........
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 limitation should be counted..........
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) Cr.P.C. before High Court..........
Criminal Procedure Code, 1973, Section 372 - - Appeal - Right of victim - Limitation - Victim has to file appeal within a reasonable time after date of knowledge of judgment impugned in appeal - If Appellate Court finds that appeal is designedly or deliberately delayed, Appellate Court need not entertain the appeal on that ground - Every case has to be decided on facts and..........
Criminal Procedure Code, 1973, Section 372 - - Appeal - Direction of Court - All cases where appeals are filed beyond ninety days from the date of judgment, appellant shall file an affidavit stating the circumstances under which appeal could not be filed earlier - Court will consider such affidavit at the time of admission taking into account facts and circumstances of..........
Criminal Procedure Code, 1973, Section 372 -- Acquittal - Appeal by victim - Question whether word `victim' means any person other than a `guardian' or `legal heir' also for the purpose of maintaining an appeal and whether ratio of Division Bench in case of Edal Singh lays down correct law - Referred for authoritative pronouncement by a Larger Bench...........
