Criminal Procedure Code, 1973, Section 357A -- Victim compensation - Merely suffering a loss by itself will not attract payment of compensation in terms of S.357-A Cr.P.C, simultaneous requirement of rehabilitation is also necessity - If no loss or injury is caused, there is no question of rehabilitation...........
Criminal Procedure Code, 1973, Section 357A -- Victim compensation - At the stage of considering bail application - Compensation is ordered to be paid by a Court only after a finding is arrived that the person, directed to pay compensation, has caused any injury by committing a wrong or has committed a breach of a legal obligation, be it statutory or contractual - To..........
Criminal Procedure Code, 1973, Section 438, 357A -- Anticipatory bail - Granted with condition to pay victim compensation - Offence u/ss 420, 406 IPC - Bail was granted on merits after considering relevant considerations - Court imposed a condition that accused jointly will pay Rs.1 lakh victim compensation on submission made by accused at the time of hearing that they are..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 336, 427 -- Quashing of FIR - Compromise - Offence u/ss 336, 427 IPC - Compromise arrived at between parties - Parties are next door neighbours - Parties patching up their differences and they have decided to live peacefully - No useful purpose would be served by continuation of trial - FIR along..........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Due to conviction appointment on compassionate ground refused - Once consequences of conviction are made known to Court, Court is entitled to stay conviction order - Conviction stayed till pendency of appeal against conviction...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(D) -- Quashing of proceedings - Offence u/ss 323, 341, 504 IPC and S.3(1)(D) of SC/ST Act - Compromise arrived at between parties - Dispute amicably settled by parties - Complainant has no..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - At the time of deciding an application for interim maintenance, Court not to delve deep into disputed questions of act...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Plea of adultery - Cannot be decided by delving deep into facts - Court at the time of deciding application for interim maintenance, not to delve deep into disputed questions of facts - Plea of adultery to be decided at the time of final hearing after parties lead evidence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Conviction by High Court - No ground to interfere with the impugned judgment as when signatures are admitted trial Court ought to have presumed that cheque was issued as consideration for a legally enforceable debt but in the instant..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Conviction by High Court - No ground to interfere with the impugned judgment as when signatures are admitted trial Court ought to have presumed that cheque was issued as consideration for a legally enforceable debt but in the instant..........
