Criminal Procedure Code, 1973, Section 229 -- Plea of guilty - When a accused pleads guilty before a Court then before accepting such plea, following essential requirements must be followed to ensure that plea is valid i.e (i) first requirement is voluntariness; (ii) accused must fully understand nature of charges and essential elements of offence they are admitting to and..........
Criminal Procedure Code, 1973, Section 446 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.491) - Forfeiture of bail bond - When bail bond was forfeited due to non-appearance of accused before Court, sureties have no option to produce accused and wriggle out from liability of paying penalty...........
Criminal Procedure Code, 1973, Section 446 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.491) - Forfeiture of bail bond - When bail bond was forfeited, sureties are bound to pay bond amount as penalty - Sureties cannot escape from liability of paying by subsequent production of accused and they are bound to pay bond amount, though Courts have power to show leniency in..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint - Suit for specific performance - Amendment of plaint seeking relief regarding refund of earnest money or deposit made has to be allowed at any stage of proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint - Suit for specific performance - Amendment sought for refund of earnest money - Plaintiff has specifically sought decree for recovery of Rs.20 lakh double the amount of earnest money in the alternative though inadvertently same could not be sought in prayer clause -..........
Criminal Procedure Code, 1973, Section 362 -- Review - Once judgment or order is signed, no alteration or review of same is permissible except to correct a clerical or arithmetical error...........
Criminal Procedure Code, 1973, Section 362 -- Review - Order granting bail - Order granting bail reversed - There was no clerical or arithmetical error which had crept in - Impugned order set aside...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210, 223 -- (Criminal Procedure Code, 1973, Ss.190, 200) - Private complaint - Cognizance of offence - While taking cognizance of an offence based on a private complaint especially one filed as a protest complaint against a refer report filed by police, Magistrate shall take into consideration the refer report as well - It..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430 -- (Criminal Procedure Code, 1973, S.389) - Suspension of sentence during pendency of appeal against conviction - Directing accused to be present before Appellate Court or revisional Court would not be warranted after an order for suspension of sentence has been passed and bail granted...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court at the stage of considering application u/s 482 Cr.P.C. cannot embark upon a roving trial as to reliability, genuineness or otherwise correctness of allegations made in FIR and materials collected during investigation by investigating officer...........
