Criminal Procedure Code, 1973, Section 299 -- Once a person is arrested and/or is otherwise capable of being brought to Court, the proclamation ceases to have any effect...........
Criminal Procedure Code, 1973, Section 82 -- Provision of S.82 of Cr.P.C. is enacted to secure the presence of accused - Once the purpose is achieved, the attachment shall be withdrawn - Complainant cannot derive any benefit out of attachment of property of accused - Attachment and sale of property even after surrender of accused causes great prejudice to him...........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 14(5), Criminal Procedure Code, 1973, Section 299 -- Both the provisions operate in different fields - Their ingredients are different...........
Criminal Procedure Code, 1973, Section 145 -- Order passed u/s 145 Cr.P.C. is subject to the ultimate decision of the suit filed in the civil court...........
Criminal Procedure Code, 1973, Section 145 -- Decision as to possession - Has some evidentiary value but same is not binding on a civil court - Question of title not to be gone into in proceedings u/s 145 Cr.P.C. - Civil Court can grant injunction inspite of an order passed u/s 145 Cr.P.C...........
Criminal Procedure Code, 1973, Section 145 -- A decision by a criminal court does not bind the civil court while a decision by the civil court binds the criminal court - An order passed by Magistrate in proceedings u/ss 145, 146 Cr.P.C. is an order by a criminal court...........
Criminal Procedure Code, 1973, Section 389, 439, Indian Penal Code, 1860, Section 304B, 498A -- Bail during pendency of appeal - Lady of 80 years old - Suffering from various age related ailments - She had been in jail for more than one year - Bail granted...........
Criminal Procedure Code, 1973, Section 389, 439, Indian Penal Code, 1860, Section 304B, 498A -- Bail during pendency of appeal - Conviction u/ss 304-B, 498-A IPC - Appeal against - Only bread earner of the family - Held, not a ground for grant of bail during pendency of appeal...........
Criminal Procedure Code, 1973, Section 389, 439, Indian Penal Code, 1860, Section 304B, 498A -- Bail during pendency of appeal - Serious offence committed - Bail application not to be decided leniently during pendency of appeal - Seriousness and gravity of the offence must be looked into before granting the bail...........
Criminal Procedure Code, 1973, Section 173(2) -- Report u/s 173(2) - Informant is entitled to a notice and an opportunity of hearing at the time of consideration of the report...........
