Criminal Procedure Code, 1973, Section 164 -- Statement given by eye-witness in the Court cannot be discarded merely on the ground that statement got recorded u/s 164 Cr.P.C. by prosecution was not immediately recorded...........
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 302, 34 -- Delay in sending FIR to Magistrate - Murder case - Where recording of FIR is proved on record, mere delay of 5 days in dispatch of FIR from the police station to Magistrate Court has no bearing on the basis of which any adverse inference can be drawn, particularly when no questions were..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Enhancement - Grant of maintenance of Rs.1750/- - Husband getting salary of Rs.30,000/- p.m. - Maintenance enhanced to Rs.5,000/- p.m. from date of application - Court should be alive to the object and spirit of provision u/s 125 Cr.P.C. and obviously the provision of S.127 Cr.P.C. is an extended provision of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6 -- Rape of minor girl - Bail - Prosecutrix already examined - Few other material witnesses were yet to be examined - As per record, threats were..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6 -- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - Supreme Court would normally not interfere with such a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6 -- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - When bail is granted against principles of law, while undertaking..........
Civil Procedure Code, 1908, Section 151, Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Suit for recovery of money - Mistake of Court - On compromise for settlement, award of Lok Adalat becomes final - But instead of passing award as per memo, Lok Adalat Committee by mistake took civil dispute as criminal compounding case - Mistake committed is..........
Indian Penal Code, 1860, Section 199, 200, Criminal Procedure Code, 1973, Section 340 -- False evidence - Mere fact that a person has made a contradictory statement in a judicial proceeding is not by itself always sufficient to justify a prosecution u/ss 199, 200 IPC - It must be shown that false statement was given intentionally in the judicial proceedings or false..........
Criminal Procedure Code, 1973, Section 340 -- Two pre-conditions for initiating proceedings u/s 340 Cr.P.C. are: (i) materials produced before Court must make out a prima facie case for a complaint for the purpose of inquiry into an offence u/s 195(1)(b)(i) Cr.P.C.; (ii) It is expedient in the interests of justice that an inquiry should be made into the alleged offence...........
Criminal Procedure Code, 1973, Section 340 -- Proceeding u/s 340 Cr.P.C. - Where Court forms an opinion that an offence refereed to S.340 Cr.P.C. has been committed, Court may dispense with the preliminary inquiry - Even after forming an opinion as to offence which appears to have been committed also, it is not mandatory that a complaint should be filed as a matter of..........
