Criminal Procedure Code, 1973, Section 372, 378(4) -- Appeal against acquittal - Remedy available to victim : (i) The `complainant' in a complaint-case who is also a `victim' and the `victim' other than a `complainant' in such case, shall have remedy of appeal against acquittal u/s 378(4) only, except where he/she succeeds in establishing the guilt of an accused but is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372 -- Dishonour of cheque - Inadequate sentence - Revision is maintainable by complainant...........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal by victim - Leave to appeal - No leave to appeal is required for victim to prefer an appeal on the grounds mentioned in Proviso to S.372 Cr.P.C. - Victim has a indefeasible statutory right to file appeal...........
Criminal Procedure Code, 1973, Section 372 - - Brother of deceased - Right to appeal - Appellant brother of victim who allegedly died as a result of incident is in no way demonstrated to be a "legal heir" for the purpose of S.2 (wa) Cr.P.C - Appellant does not fall within the term "victim" in S.2(wa) and have no right to prefer an appeal u/s 372 proviso Cr.P.C - Held,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), 372 -- Dishonour of cheque - Appeal against acquittal - Acquittal can be challenged in High Court and not in Court of Sessions...........
Criminal Procedure Code, 1973, Section 2(wa), 372, 378 -- Victim - Expression `victim' requires an interpretation in context of provisions in Ss.372 and 378 to exclude complainant in a complaint case, who is also victim, from purview of definition of victim u/s 2(wa) Cr.P.C...........
Criminal Procedure Code, 1973, Section 372, 378 -- Appeal against acquittal - Session Court and High Court does not have concurrent jurisdiction to entertain an appeal against acquittal by victim in a complaint case...........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - By grand uncle i.e. brother of grand father of victim - No locus standi to file the appeal as he is neither a lineal ascendant or descendant of the victim - Right to appeal against acquittal is available to victim which term includes his or her guardian or legal heir...........
Constitution of India, 1950, Article 13, 32, 226, 372 -- Judicial review - Scope - Held, High Court and Supreme Court of India are empowered to declare as void any law, whether enacted prior to enactment of Constitution or after - Such power can be exercised to extent of inconsistency with Constitution/contravention of Part III...........
Constitution of India, 1950, Article 13, 32, 226, 372 -- Judicial review - Held, there is a presumption of constitutionality in favour of all laws, including pre-Constitutional laws as Parliament, in its capacity as representative of people, is deemed to act for benefit of people in light of their needs and constraints of Constitution...........
