Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Criminal Procedure Code, 1973, Section 437 -- Bail - Accused committing gang rape on a minor girl aged about 15 years - Accused a juvenile - Held, case of accused comes in exception category of Section 12 of Juvenile Justice Act - His release would expose him to moral, physical or psychological..........
Constitution of India, 1950, Article 161, 19, 21, Criminal Procedure Code, 1973, Section 432 -- Remission of sentence - Revocation thereof - Legality of - Held, once remission granted by virtue of Art.161 of the Constitution by State Government on occasion of Republic Day and entered in history sheet of convict, cannot be revoked later on u/s 432 Cr.P.C. by department of..........
Criminal Procedure Code, 1973, Section 218, 223 -- Joint trial - Cases registered for the offences indictable u/s 120-B r/w Ss.420, 467, 468, 471 of IPC and Section 13 of Prevention of Corruption Act - Second FIR registered on same set of facts - Trials relating to both the cases pending in the same court - Material on record do not suggest that offences as alleged have..........
Criminal Procedure Code, 1973, Section 300, Indian Penal Code, 1860, Section 285, 286, 337, 338, 304A, Factories Act, 1948, Section 92 -- Rash and negligent act by petitioner/occupier or Manager of factory resulting into death of worker - Petitioner has not been convicted and/or acquitted in either of case as Section 92 of the Factory Act do no prescribe punishment for..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Impleading of L.R's - Courts are not required to delve into the question of title - Court is only required to see whether the person sought to be substituted has any right or whether he is the legal representative of the heirs, as defined under Section 2(11) CPC...........
Criminal Procedure Code, 1973, Section 210 -- Complaint case as well as FIR arising out of same incident - Police after investigation submitted report under Section 173 of the Code - Held, both the cases be clubbed and tried in a manner as prescribed for a case registered by the police...........
Electricity Act, 2003, Section 151, 154, 156 - - Theft of electricity - Power of police to investigate - Held, police has power to investigate theft of electrical energy by instituting an FIR - Offence of theft of electrical energy is a cognizable offence - Thus as per Ss.154 and 156 of the Code of Criminal Procedure, police has power to institute and investigate a..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence - Proceedings before the executing court - Additional evidence necessary for proper adjudication of controversy - Additional evidence disallowed on the ground that provisions relating to additional evidence deleted through amendment - Held, Court in exercise of inherent powers under Section..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Omission to mention section - Discharge - Held, mere omission of relevant section in sanction order would not vitiate proceeding, but sanction order on face of it, needs to reflect basic facts constituting offence and those facts must be placed before sanctioning authority for its consideration to..........
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 7 -- Suspension of conviction and sentence - Conviction u/s 13(1)(d) r/w S.13(2) and S.7 of Prevention of Corruption Act - Where there is an order of conviction, though the power to suspend such order of the conviction is not alien to Section 389 of the Code, its..........
