Criminal Procedure Code, 1973, Section 197(2), Armed Forces (Special Powers) Act, 1958, Section 6, Indian Penal Code, 1860, Section 302, 307, 326, 201, 120B, 34 -- Sanction for prosecution - Murder - Sanction as required u/s 6 of 1958 Act has been declined by competent authority - FIRs in question cannot continue any further - However, since State has already assailed said..........
Indian Penal Code, 1860, Section 323, 324, 325, Constitution of India, 1950, Article 142 -- Offence u/ss 323, 324, 325 IPC - Compromise - Incident occurred relating to minor issue between close relatives over tying of bullocks on piece of land - Both the parties after settling their disputes have agreed to maintain peace and harmony in the society - Proceedings can be..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- Anticipatory Bail in an offence under SCST Act - No Absolute Bar - S.18 of the Act does not impose an absolute bar on the grant of anticipatory bail in cases registered under the Act - Held that (a) Term `arrest' appearing in the text of S.18 of the Act should be construed and..........
Police has no power to resolve civil disputes -- Neither Cr.P.C/BNSS nor Police Act nor any other law governing powers and duties of police confers power upon police to adjudicate disputed question relating to title, possession, boundary, encroachment etc. - Police has no authority to act as a Civil Court to adjudicate civil dispute set out in the complaint - They are..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected on the basis of allegations made by defendant in his written statement or in an application for rejection of plaint - Court has to read entire plaint as a whole to find out whether it discloses a cause of action and if it does, then plaint cannot be rejected by Court exercising..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Date from which payable not mentioned - On an application filed by wife, it was ordered that interim maintenance is payable from the date of application - Magistrate has powers to take supplementary measures and pass the impugned order and it does not amount to review of order...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court can re-appreciate the evidence and come to a different conclusion but it must keep in mind that interference with a judgment of acquittal can only be for compelling reasons - S.378 Cr.P.C does not provide any limitation to the powers of Court while dealing with the judgment of acquittal...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Provision of O.1.R.10(2) CPC is very wide and powers of Court are equally extensive and Court may at any stage of proceedings order that name of any party who ought to have been joined as a plaintiff or defendant or whose presence before Court may be necessary in order to enable Court effectually and..........
Civil Procedure Code, 1908, Section 24 -- Transfer of application u/s 12 of PWDV Act from Magistrate Court to Family Court - Powers of High Court - High Court in exercise of power u/s 24 CPC can transfer an application filed u/s 12 of PWDV Act before Magistrate Court to Family Court - However, Court has to be judicious and careful in exercising power of transfer for the..........
Civil Procedure Code, 1908, Section 152 -- Correction in description of property by Executing Court - Mistake committed by plaintiff can be said to be due to bonafide reasons based on revenue record prepared and maintained by authorities concerned - In case of any ambiguity in plaint regarding description of identity of the suit property, even though, on account of..........
