Criminal Procedure Code, 1973, Section 4 -- Caveat - There is no provision in Cr.P.C. under which a private party/complainant/informant can file a caveat, as governed by S.148-A CPC, to oppose the proceeding initiated at the behest of accused...........
Criminal Procedure Code, 1973, Section 439, 24(8), 301(2) -- Bail - A private person or victim of crime has a locus to appear and oppose the prayer for grant of bail to accused - However, it is within the discretion of Court to permit appearance of a victim or a private person in order to assist prosecution...........
Criminal Procedure Code, 1973, Section 301 -- Appearance by Public prosecutor - S.301 Cr.P.C grants locus to private person to prosecute any person in any Court under the directions of Public Prosecutor or Assistant Public Prosecutor - However, if he wants to file written argument, the same can be done with the permission of Court after evidence is closed...........
Indian Penal Code, 1860, Section 376 -- Rape - In case of rape on a married woman injury on private part is not likely...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Merely because in an application u/s 23 of Protection of Women from Domestic Violence Act, 2005, Court in its order assessed monthly income of husband as Rs.8,000/- p.m, there was no impediment in assessing the income of husband afresh particularly when in application u/s 24 of the Act wife had..........
Indian Penal Code, 1860, Section 376 -- Rape of 11 years old girl - Prosecutrix is a reliable witness and her testimony fully inspires confidence - She was clear, cogent and consistent in her deposition that accused after removing her salwar had put his private part in her private part - Medical evidence fully corroborates her testimony - Even testimony of prosecutrix was..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - CBI did not arrest the accused during course of investigation at any stage - Accused himself surrendered, after submission of final police report - Complainant neither filed any private complaint against accused nor complained to higher authorities against the..........
Indian Penal Code, 1860, Section 102, 103 -- Right of private defence - Held, exercise of right of private defence even if not specifically taken in statement recorded u/s 313 Cr.P.C., it can always be gathered from surrounding facts and circumstances...........
Indian Penal Code, 1860, Section 102, 103 -- Right of private defence - Held, exercise of right of private defence even if not specifically taken in statement recorded u/s 313 Cr.P.C., it can always be gathered from surrounding facts and circumstances...........
Private Security Agencies (Regulation) Act, 2005 -- Maharashtra Private Security Guards (Regulation of Employment & Welfare) Act, 1981 - Repugnancy of State Act with Central Act - Question of repugnancy arises only in connection with subjects enumerated in Concurrent List (List -III), on which both Union and State Legislatures have concurrent powers to legislate on same..........
