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...........
Criminal Procedure Code, 1973, Section 173(2) -- Report u/s 173(2) Cr.P.C. - Magistrate when decides not to take cognizance and to drop the proceedings or takes a view that there is no sufficient ground for proceeding against some of the persons mentioned in the FIR, notice to informant and grant of opportunity of being heard in the matter becomes mandatory...........
Criminal Procedure Code, 1973, Section 2(h) -- Investigation - Accused has no right to be heard at the stage of investigation...........
