Criminal Procedure Code, 1973, Section 482,320, Penal Code, 1860, Section 498A,406 -- r/w 226/227 of the Constitution of India - Inherent powers - Quashing of criminal proceedings - Non compoundable offence - Held that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 Cr.P.C. does not limit or affect the..........
Criminal Procedure Code, 1973, Section 155 -- When offences for which case is registered is non-cognizable, then police officer has to necessarily obtain warrant under Section 155 Cr.P.C. before arresting the accused...........
Prevention of Corruption Act, 1947, Section 5(2) -- r/w 5(1)(d) - Charge against the appellants A1 and A2 that they (i) abused their official position as public servants (ii) conspired and illegally sold 12241440 units of Kerala Electricity to M/s. GIL (iii) caused the said company obtain valuable thing viz. electricity and pecuniary advantage - Contention of the..........
Indian Penal Code, 1860, Section 302, 304 Part I -- Dispute over irrigation of field - Deceased persisted in removing blockage of Nali - Appellant who was already having a pistol took it out and fired a shot - Injury caused on neck - No previous malice to suggest appellant had intention to commit murder - It was exchange of hot talks which infuriated appellant and..........
Criminal Procedure Code, 1973, Section 433A -- Remission - By introduction of Section 433A of the Code, the Parliament has not excluded or denuded the power of the appropriate Government to restrict the grant of remission to a class of prisoners only or exclude a class of prisoners from such benefit of remission...........
Criminal Procedure Code, 1973, Section 202, 203, 156(3), 173(1) -- Complaint - Courses open to Magistrate who receives police report u/s 173(1) on an order of investigation u/s 156(3) are: (1) May decide that there is no sufficient ground for proceeding further and drop the case; (2) May take cognizance of an offence under Section 190(1)(b) on the basis of the police..........
Criminal Procedure Code, 1973, Section 386 -- Powers of Appellate Court - In a case based upon direct eye-witness account the testimony of the eye-witnesses is of paramount importance and if the Appellate Court reverses the finding recorded by the Trial Court and acquits the accused without considering or examining the testimony of the eye-witnesses, it will be a clear..........
Criminal Procedure Code, 1973, Section 174 -- Inquest proceedings - Section 174 Cr.P.C. does not contemplate that the manner in which the incident took place or the names of the accused should be mentioned in the inquest report...........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Medical service - In cases of medical negligence and deficiency in service, the complainant hires and avails services of Hospital also and the patient or his attendant is consumer within the meaning of Section 2(1) d) (ii) of the C.P. Act...........
Criminal Procedure Code, 1973, Section 313 -- Statement u/s 313 - Evidentiary value - Statement of an accused under Section 313 Cr.P.C. can be looked into by the Court and would be a relevant evidence to be taken into consideration insofar as it lends support substantially to the case of the prosecution - However, such a statement cannot itself be made the ground for..........
