Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(d)(dha) -- Discharge - Offence u/ss 323, 504, 506 IPC and S.3(1)(d)(dha) of SC/ST Act - Prima facie sufficient material against accused is available on record - Allegation shall be tested when..........
COVID-19 Pandemic -- Stay of directions issued by High Court - High Court issued directions relating to management of COVID-19 - However, said directions are incapable of being implemented, thus, same need to be treated by State Governments only as observations and as advice of Court and not directions passed by Court - Directions which are incapable of being implemented..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of the Act - Non-mentioning of fact in the report or statement to police that accused committed the offence on the ground that prosecutrix belonged to SC is not fatal to case of prosecution u/s 3(2)(v) of the Act, particularly when mother of prosecutrix is an..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of the Act - Evidence on record does not establish that offence of rape was committed on the ground that such person is a member of a SC or ST - Conviction and sentence u/s 3(2)(v) of the Act held, set aside...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14, Protection of Children from Sexual Offences Act, 2012, Section 28, 31 -- Trial of a case - Proceedings under SC/ST Act and under POCSO Act - Trial of a case instituted under said two special Acts shall be conducted by Special Courts constituted under POCSO Act...........
Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, Protection of Children from Sexual Offences Act, 2012, Section 28, 31 -- Order rejecting bail - Offences under SC/ST Act and under POCSO Act - Case involving trial of accused for offences under both SC/ST Act and POCSO Act shall be conducted..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r)(s) -- Anticipatory bail - After filing of charge sheet - Offence u/ss 323, 504, 506 IPC and S.3(1)(r)(s) of SC/ST Act - Informant being a journalist removed the crowd with help of people..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Comparable sale instances - Compensation determined on basis of a notification 5 years later cannot be a yardstick for determining compensation of land which is subject matter of acquisition in question, years earlier - High Court was not justified in observing that gaps of few years in..........
Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961, Section 12(2)(c) -- Reservation for OBCs in local bodies - Validity of S.12(2)(c) of the Act - S.12(2)(c) of the Act is an enabling provision and it may be invoked only upon complying with triple conditions as mentioned in S.12 of the Act - Provision u/s 12(2)(c) of the Act can be saved by modifying as expression..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(D) -- Quashing of proceedings - Offence u/ss 323, 341, 504 IPC and S.3(1)(D) of SC/ST Act - Compromise arrived at between parties - Dispute amicably settled by parties - Complainant has no..........
