Criminal Procedure Code, 1973, Section 372 -- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Right to file - Held, right of `victim' to prefer an appeal in terms of said proviso to S.372 is an unqualified right and no `leave to appeal' or `special leave' is required to be obtained by him/her for purpose, as required by State or..........
Criminal Procedure Code, 1973, Section 372 -- Proviso (as inserted by Amendment Act 5 of 2009), S.377, 378 - Appeal against acquittal - Right to file - Held, no limitation of time has been provided by Legislature for exercise of such right of appeal by `victim' in terms of said proviso - Hence, in the fact and circumstances of each case, Court has to determine as to..........
Criminal Procedure Code, 1973, Section 372 -- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Held, proviso to S.372 Cr.P.C. came into operation w.e.f. December 31, 2009 - Hence, in absence of any legislative intent to contrary, in all cases, in which a judgment and order has been passed by a criminal Court on and after that date,..........
Criminal Procedure Code, 1973, Section 372 -- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Right to file - Held, if subject of crime is dead or incapacitated to extent or suffers from such a disability that he/she cannot take steps to exercise his/her right under proviso to S.372, any of his/her next of kin, who can establish..........
Criminal Procedure Code, 1973, Section 372 -- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Right to file - Held, if any person prefers an appeal in terms of proviso to S.372, solely on the basis of his status as `guardian' or `legal heir', he/she will have to establish legal basis of his/her such status in reference to law, as..........
Criminal Procedure Code, 1973, Section 372 -- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Held, once an appeal preferred in terms of proviso to S.372 against an order is entertained by an appellate Court on merits, to whatever result, no fresh/second appeal by any party/person can/should be entertained against same order...........
Criminal Procedure Code, 1973, Section 372 -- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Held, no distinction can be made between a case instituted by complainant/informant with police and by complainant before Court directly - An absolute right of victim (complainant or not) to file an appeal u/proviso to S.372 does not get..........
DNA Test -- Appellant claimed to be daughter of respondent and applied for paternity test to be conducted - Trial Court directed to proceed with DNA test as sought by appellant - Appeal allowed...........
Civil Procedure Code, 1908, Section 149 -- Deficient Court fee - Provision of S.149 empowers Court to retrospectively validate insufficiency of stamp duties etc. - It is usual practice that Court provides an opportunity to the party to pay court fee within a stipulated time and on failure of which Court dismisses the appeal - It is usual practice of Court to use the..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 149 -- Delay - Condonation - Delay in paying court fee condoned - Held, there is no reason in rejecting the application for condonation of delay in filing the appeal...........
