Indian Penal Code, 1860, Section 497, 448 -- Adultery - Offence u/s 497 IPC is struck down by Apex Court - Conviction of accused thus, not sustainable u/s 497 IPC - As regarding S.448 IPC, since there is inconsistencies and infirmities in evidence of PWs and presence of accused at the place of occurrence is doubtful, charge u/s 448 IPC also not proved against accused -..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - After filing of charge sheet - Particulars required to be given in anticipatory bail application, viz. (i) Charge-sheet along with entire material collected by I.O should be made part of anticipatory bail application; (ii) Clear pleading with reference to material on record should be made stating under which..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - After filing of charge sheet - `Appropriate cases' in which anticipatory bail can be granted - Enumerated - However, instances analysed are not exhaustive and in more `appropriate cases' Court can consider grant of anticipatory bail to an accused after considering entirety of facts and circumstances of the..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cases in which Court can refuse to grant anticipatory bail after filing of charge sheet - Enumerated - However, instances analysed are not exhaustive and there may be some unforeseen situations, which Court will consider as per facts and circumstances of the particular case...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r)(s) -- Anticipatory bail - After filing of charge sheet - Offence u/ss 323, 504, 506 IPC and S.3(1)(r)(s) of SC/ST Act - Informant being a journalist removed the crowd with help of people..........
Moratorium -- Interest during moratorium period - Supreme Court directed that there shall not be any charge of interest on interest/compound interest/penal interest for the period during moratorium and any amount already recovered under the same head shall be refunded to concerned borrowers and to be given credit/adjusted in the next installment of the loan account...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 324, 341 -- Bail - Appeal against order granting bail - Offence u/ss 307, 324, 341 IPC - Bail granted to accused on the ground that is in custody for about 75 days without even considering materials on record which prima facie made out reasonable grounds to believe that accused had committed..........
Release of prisoners -- Parole or interim bail - COVID-19 Pandemic - Direction issued Viz: States and UTs directed to constitute High Powered Committee to determine which class of prisoners could be released on parole or interim bail for such period as might be thought appropriate - However, orders of Supreme Court not to be construed as any direction, or even..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused can be summoned on basis of examination-in-chief of witness only and need not wait for cross-examination etc. - Test for summoning of accused u/s 319 Cr.P.C are same as applicable for framing charge...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C can be exercised by Court against a person not named in FIR or no charge sheet is filed by police against him...........
