Criminal Procedure Code, 1973, Section 372, Indian Penal Code, 1860, Section 324, 504, 506 -- Private complaint - Conviction - Sentence - Enhancement sought by complainant by filing appeal - Lower appellate Court has entertained and decided the same - Held, lower appellate Court has exceeded its jurisdiction - After 2009 appeal for enhancement of sentence could have been..........
Succession Act, 1925, Section 372 -- Succession certification - Brother of deceased, merely on the basis of nominee in policy taken by deceased, not entitled to claim succession certificate in his favour - However, wife of deceased remarried after his death - Wife, thus forfeited her right to claim any interest in property of her deceased husband - Furthermore, once after..........
Criminal Procedure Code, 1973, Section 372 -- Proviso(as inserted by Act 5 of 2009) - Appeal against acquittal by victim - Applicability of proviso - Impugned judgment has been passed on 18.03.2009, whereas proviso to S.372 of the Cr.P.C. was inserted on 31.12.2009, that is to say, long after date of incident i.e. 05.03.2008 - Held, proviso to S.372 of the Cr.P.C. may not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(G), 342, 372, 373, 120B -- Regular bail - Grant of - After lodging of report investigating agency had got the statement of prosecutrix recorded by Magistrate - Said statement of prosecutrix is self explanatory which reveals that no offence what-so-ever had been committed by..........
Criminal Procedure Code, 1973, Section 372, 2(wa) -- Prevention of Corruption Act, 1988 - Victim - Scope of - Complainant who suffered loss on account of inaction and omission on the part of public servant will be termed as victim and would be entitled to file substantive appeal against order of acquittal in view of proviso to s 372 CrPC...........
Succession Act, 1925, Section 214, 372, 381 -- Assignment of decree to persons having no right to inherit by way of Will and later through Succession Certificate - Judgment debtor can claim total discharge of the decree debt if he pays the amount to such persons...........
Succession Act, 1925, Section 214, 372, 373, 381 -- Succession certificate - Obtained without disclosing material particulars and near relatives of deceased - Held, such succession certificate has no conclusiveness as contemplated u/s 381 of the Act...........
Constitution of India, 1950, Article 13, 372 -- Pre-constitutional law - Continuance of - Held, mandate of Art.13(1) is clear that such law can continue provided it is not inconsistent with the provision of Part III - In event of such laws becoming inconsistent with the provision of Part III, such laws, to the extent of their inconsistency, shall be void - This is the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372, 378(4) - - Dishonour of cheque - Acquittal - Application of amended proviso to S.372 of the Code to the cases instituted upon complaint as contemplated by S.378(4) of the Code and, more particularly, to applications seeking leave to file appeals challenging judgments and orders of..........
Indian Penal Code, 1860, Section 363, 366, 372(2)(g) -- Accused allegedly kidnapped prosecutrix who took away cash and jewellery along with her while going with accused - Age of prosecutrix between 17 years and 19 years, thus capable of consenting to sexual intercourse - On the point of taking jewellery and cash, statement of prosecutrix given u/s 161 Cr.P.C. at variance..........
