Criminal Law

Bail during pendency of appeal Sec 389- Reference to decision of this court in Babu Singh v. state of UP (1978) 1 SCC 579

It is stated that the appellants have been released on temporary bail, furlough and parole on several occasions and there is no report of their having misconducted themselves or indulged in any criminal activities. The appellants were directed to be released on bail subject to the conditions that they shall not enter the state of

Bail during pendency of appeal Sec 389- Reference to decision of this court in Babu Singh v. state of UP (1978) 1 SCC 579 Read More »

Criminal proceedings for giving false evidence in court under section 340 read with sec 195(1)(b) of CrPC

The Supreme court granted relief of clubbing together the two suits pending before the trial court. The respondent in his application stated certain facts that were not accurate. The explanation offered by him in his rejoinder seemed reasonable more particularly when he has tendered unconditional apology in his rejoinder. No prima facie case is made

Criminal proceedings for giving false evidence in court under section 340 read with sec 195(1)(b) of CrPC Read More »

Ss. 200 to 204, 156(3), 173, 300 and 362- Protest petition can always be treated as a complaint and proceeded with in terms of Ch XV CrPC. The second complaint/ Protest petition is maintainable only if the first petition has been filed without furnishing the full facts/ particulars necessary to decide the case

Referring to Shivshankar Singh v. State of Bihar (2012) 1 SCC 130, this court observed that it is evident that the law does not prohibit filing or entertaining of the second complaint even on the same facts provided the earlier complaint has been decided on the basis of insufficient material or the order has been

Ss. 200 to 204, 156(3), 173, 300 and 362- Protest petition can always be treated as a complaint and proceeded with in terms of Ch XV CrPC. The second complaint/ Protest petition is maintainable only if the first petition has been filed without furnishing the full facts/ particulars necessary to decide the case Read More »

Crimes against women and children

Protection of women from Domestic Violence Act,2005-Ss. 18 and 20, the court has to be prima facie satisfied that there have been instances of Domestic Violence– there are no specific allegations as to how other relatives of Appellant 14 (husband) have caused the acts of Domestic Violence- the criminal case of domestic violence against them

Crimes against women and children Read More »

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