Criminal Procedure Code, 1973, Section 125, Civil Procedure Code, 1908, Order 32, Rule 4, Family Courts Act, 1984, Section 10 -- Application u/s 125 Cr.P.C. filed by mother of unsound mind through her son-in-law - For purposes of S.125 Cr.P.C. Family Court is deemed to be civil Court and have powers of Civil Court - Held, application is maintainable...........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Civil and criminal negligence - For an act to amount to criminal negligence the degree of negligence should be much higher i.e. gross or of a very high degree - Negligence which is neither gross nor of a higher degree may provide for a ground for action in civil law but cannot form the basis of prosecution -..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Patient went to a doctor who referred the case to another Hospital as equipment for his treatment was not available with him - Patient died - Medical Board exonerated the doctor - Held, that what may be negligence in civil law may not necessarily be negligence in criminal law - For attraction of S.304-A element..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, Criminal Procedure Code, 1973, Section 125 -- Muslim Law - Muslim woman applied for maintenance u/s 125 Cr.P.C. - Magistrate granted maintenance - First Revisional Court dismissed the petition on the ground that a petition by divorced woman u/s 125 Cr.P.C. not maintainable after enactment of Act of 1986 -..........
Criminal jurisprudence -- Negligence - Concept differs in civil and criminal law - What may be negligence in civil law may not necessarily be negligence in criminal law - For negligence to amount to an offence, the element of mens rea must be shown to exist - For an act to amount to criminal negligence, the degree of negligence should be much higher i.e. gross or of a very..........
Central Reserve Police Force Act, 1949, Section 9 -- Central Civil Services (Temporary Service) Rules, 1965, Rule 5(1) - Termination - Suppression of material facts - Petitioner obtained his appointment in CRPF by furnishing wrong information - Despite warning on the top of the verification roll material information regarding pendency of criminal case against him..........
Negotiable Instruments Act, 1881, Section 138 -- Complaint - Company - Authorisation - Complaint filed on 24.9.1997 - Resolution giving authorisation to Manager passed on 17.11.1997 i.e. after filing the complaint - There is no distinction between civil and criminal law as far as authorisation or power of attorney is concerned - Authorisation given by complainant in favour..........
Civil Procedure Code, 1908, Order 37, Rule 1, Negotiable Instruments Act, 1881, Section 138 -- Summary suit for recovery of money due in respect of dishonoured cheque - The law permits the plaintiff to take out both Civil and Criminal proceedings - Both proceedings can be continued simultaneously - Both remedies are independent of each other - Thus passing of a decree will..........
Constitution of India, 1950, Article 226 -- Criminal Procedure Code, 1973, Section 482 - Cognizable offence - Non registration of case - The mere pendency of a Civil Suit is no ground for not registering a case with reference to a cognizable offence. The duty of police is to register the case and then act in accordance with law...........
Criminal Procedure Code, 1973, Section 482 -- Prevention of Corruption Act, 1988, Section 13(1)(2)(c) - Quashing of FIR - Entire stress of respondent No.2 in her allegations was that her right in the property No.2616 consisting of three shops had been illegally sold at her back by lady Dr.Astar Dass in connivance with the petitioner No.1, who had purchased this property in..........
