Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, Criminal Procedure Code, 1973, Section 154, 156 -- Applicability - Ss.18 and 18A of the Act exclude any preliminary inquiry before registration of a First Information Report contrary to the provisions contained in Ss.154 and 156 Cr.P.C. - Section 19 of the Act excludes the..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Under trial prisoners - Directions issued that: (i) Court which grants bail to an undertrial prisoner/convict would be required to send a soft copy of bail order by e-mail to prisoner through the Jail Superintendent on the same day or next day - Jail Superintendent would be required to enter the date of grant of bail in..........
Indian Penal Code, 1860, Section 498A, 427, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Settlement - When parties genuinely settle the dispute amicably then Criminal proceedings can be quashed by exercising power under Article 142 of the Constitution of India or even u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Enhancement - Where wife blocks a substantial source of income of husband and then claims enhancement of maintenance, same amounts to an abuse of process of law and also against interest of justice...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Enhancement of - Daughter of parties is now aged about 13 years and she is a student of class 8 - Amount of maintenance of Rs.3000/- p.m granted to child is clearly not sufficient to maintain a school going child - Maintenance awarded to child enhanced from Rs.3000/- to Rs.5000/- p.m...........
Criminal Procedure Code, 1973, Section 277 -- Recording of evidence - Evidence of witness has to be taken down in language of Court as required u/s 277 Cr.P.C - If witness gives evidence in language other than language of Court, a true translation thereof in language of Court has to be prepared as soon as practicable...........
Criminal Procedure Code, 1973, Section 277 -- Recording of evidence - When a question arises as to what exactly witness has stated in his evidence, it is original deposition of witness which has to be taken into account and not translated memorandum in English prepared by presiding Judge...........
Criminal Procedure Code, 1973, Section 277 -- Recording of evidence - Direction issued that all Courts while recording evidence of witnesses, shall duly comply with provisions of S.277 Cr.P.C...........
Criminal Procedure Code, 1973, Section 432, 433, Indian Penal Code, 1860, Section 302, 307, 394 -- Pre-mature release - Murder - Number of accused found guilty was less than five, thus robbery could not have been termed as dacoity - Accused was neither convicted for offence of dacoity nor having committed dacoity with murder - However, case of accused for his premature..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Strict compliance of S.154(3) Cr.P.C. is required to be made which is sine qua non for maintaining an application u/s 156(3) Cr.P.C. - Merely endorsing a copy of application u/s 154(1) Cr.P.C. to Superintendent of Police cannot be said to be strict compliance of S.154(3) Cr.P.C. - There has..........
