Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Quashing of proceedings - Proceedings under PWDV Act - Only in cases where there is manifest illegality and blatant irregularity of proceedings, High Court will be justified in exercising jurisdiction u/s 482 Cr.P.C (S.528 BNSS) to unsettle orders..........
Indian Penal Code, 1860, Section 376D, 366, 354A, 323, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Rape - Compromise - Quashing of proceedings - Misunderstanding in lodging FIR - Terms of compromise are unacceptable for quashing FIR...........
Criminal Procedure Code, 1973, Section 386(b)(iii) -- Appeal against conviction - While entertaining an appeal from a conviction as per S.386(b)(iii) Cr.P.C., appellate Court though entitled to alter the finding and nature and extent of sentence, cannot enhance the sentence...........
Service -- Regularization - Additional Public Prosecutor - Claim for regularization of a person working on post of Additional Public Prosecutor on contractual basis cannot be entertained as such relief would be contrary to law, as appointment of Additional Public Prosecutors is a structured procedure as provided under Cr.P.C. and the relevant Rules prevalent in particular..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Bharatiya Nyaya Sanhita, 2023, Section 137(2), 64(1), 3(5), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Cancellation of bail - Kidnapping and rape - Session Court granted bail - Even though concurrent powers vested in High Court along with Special Court or Sessions Court to grant or cancel..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was subjected to harassment at the hands of husband and his family members for demand of Rs.2 lakhs with a motorcycle and she was ousted from her in-laws house - She thus, has a valid reason to stay separately from husband - Wife is less educated woman unable to maintain herself - Husband is..........
Criminal Procedure Code, 1973, Section 397, 401, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 438, 442, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Discharge - Dismissal of application - Revision against - Order passed in discharge petition is not an interlocutory order and it is an intermediate order - Revision against..........
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 7, 12 -- Stay of conviction - Corruption case - Courts should refrain from staying conviction of public servants who have been convicted on charges of corruption in view of K.C Sareen case...........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 498-A, 34 IPC and 4 DP Act - Quashing of complaint - Admittedly, the marriage between accused 1 and complainant was a love marriage - Further no allegation in complaint shows that either Accused 1 or Accused 2 and 3 subjected..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 498-A, 34 IPC and 4 DP Act - Quashing of complaint - Allegation that accused 2 and 3 were sending accused 1 away from India - However, not a single allegation in complaint showed that accused 2 and 3 subjected complainant to cruelty..........
