Constitution of India, 1950, Article 13, 32, 226, 372 -- Judicial review - Doctrine of severability - Held, it seeks to ensure that only that portion of law which is unconstitutional is so declared and remainder is saved - This doctrine should be applied keeping in mind scheme and purpose of law and intention of Legislature and should be avoided where two portions are..........
Constitution of India, 1950, Article 13, 32, 226, 372 -- Judicial review - Reading down law - Held, Court can resort to reading down a law in order to save it from being rendered unconstitutional - But while doing so, it cannot change essence of law and create a new law which in its opinion is more desirable...........
Criminal Procedure Code, 1973, Section 372 -- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Right to file - Held, proviso put `victim' at higher pedestal than prosecuting agency or complainant in matter of preferring an appeal against any order of a criminal Court acquitting accused or convicting for a lesser offence or imposing..........
Criminal Procedure Code, 1973, Section 372 -- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Right to file - Held, right of `victim' to prefer an appeal in terms of said proviso to S.372 is an unqualified right and no `leave to appeal' or `special leave' is required to be obtained by him/her for purpose, as required by State or..........
Criminal Procedure Code, 1973, Section 372 -- Proviso (as inserted by Amendment Act 5 of 2009), S.377, 378 - Appeal against acquittal - Right to file - Held, no limitation of time has been provided by Legislature for exercise of such right of appeal by `victim' in terms of said proviso - Hence, in the fact and circumstances of each case, Court has to determine as to..........
Criminal Procedure Code, 1973, Section 372 -- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Held, proviso to S.372 Cr.P.C. came into operation w.e.f. December 31, 2009 - Hence, in absence of any legislative intent to contrary, in all cases, in which a judgment and order has been passed by a criminal Court on and after that date,..........
Criminal Procedure Code, 1973, Section 372 -- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Right to file - Held, if subject of crime is dead or incapacitated to extent or suffers from such a disability that he/she cannot take steps to exercise his/her right under proviso to S.372, any of his/her next of kin, who can establish..........
Criminal Procedure Code, 1973, Section 372 -- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Right to file - Held, if any person prefers an appeal in terms of proviso to S.372, solely on the basis of his status as `guardian' or `legal heir', he/she will have to establish legal basis of his/her such status in reference to law, as..........
Criminal Procedure Code, 1973, Section 372 -- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Held, once an appeal preferred in terms of proviso to S.372 against an order is entertained by an appellate Court on merits, to whatever result, no fresh/second appeal by any party/person can/should be entertained against same order...........
Criminal Procedure Code, 1973, Section 372 -- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Held, no distinction can be made between a case instituted by complainant/informant with police and by complainant before Court directly - An absolute right of victim (complainant or not) to file an appeal u/proviso to S.372 does not get..........
