Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s) -- Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act - Word used to be a place `within public view' means the place should be open where the members of public can witness or hear the utterance made by accused to victim - If the alleged offence takes place within the four corners..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s) -- Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act - Allegations that when complainant was in his office accused came there enquired with the complainant, not being satisfied, started abusing him in the name of his caste and insulted him - Thereafter, three colleagues of..........
Constitution of India, 1950, Article 226 -- Writ petition - Law as to: (i) For issuing writ against a legal entity, it would have to be an instrumentality or agency of a State or should have been entrusted with such functions as are Governmental or closely associated therewith by being of public importance or being fundamental to the life of the people and hence..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Offence against society - If any FIR has been lodged by a particular person relating to offence against society then on the basis of compromise between accused and informant, proceedings cannot be quashed which are against public at large...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Offence under provision of SC/ST Act - There exists no embargo in exercise of power conferred by S.205 Cr.P.C. in trials involving SC/ST Act - Moreover, provision in the shape of S.205 Cr.P.C. has been incorporated in the Statute to prevent unnecessary harassment caused to accused..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Case cannot be withdrawn merely when government has issued a Government Order and public prosecutor should also apply his mind by mentioning in his application filed u/s 321 Cr.P.C. that he is satisfied that application has been made under good faith and in the interest of public policy and justice...........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Applicant is a history sheeter having 32 cases against him and no reason was assigned in the application filed by public prosecutor u/s 321 Cr.P.C. for withdrawing the prosecution against applicant - If prosecution is permitted to withdraw case against such type of person on the basis of unreasoned..........
Indian Penal Code, 1860, Section 188, Criminal Procedure Code, 1973, Section 195(1)(a) -- Offence u/s 188 IPC - Magistrate cannot take cognizance of offence punishable u/s 188 IPC upon police report - He can take cognizance of such offence only on the written complaint of public servant whose order has been violated or on the complaint of an administratively superior..........
Indian Penal Code, 1860, Section 420, 409, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Cheating - Settlement before DRT - Quashing of proceedings - Consent terms were submitted by parties before DRT - Bank had suffered losses to the tune of Rs 6.13 Crores approximately - Hence, a substantial injury was..........
Bharatiya Nyaya Sanhita, 2023, Section 106, 100 -- Nature of offence - When someone does stunts on a public road, endangering public safety, and when motor sport is not being conducted with knowledge of traffic control authorities and ample time has been given to them to take preventive steps, acts of public stunt, it leads to death would fall in the definition of culpable..........
