Cr P C Criminal Procedure Code, 1973 (CrPC) – – If allegations in the FIR do not constitute a cognizable offence but only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate under Section 155(2) of the Code. October 26, 2021 sclaw
Cr P C Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Sections 405, 419 and 420 – Quashing of proceedings – Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction – Proceedings quashed – Appeal allowed. October 26, 2021 sclaw
Accident Compensation – Claim petition filed by mother in law ‘dependent’ – Maintainability – Mother in law was living with the deceased and his family members – In order to maintain a claim petition, it is sufficient for the claimant to establish his loss of dependency – Section 166 of the MV Act makes it clear that every legal representative who suffers on account of the death of a person in a motor vehicle accident should have a remedy for realization of compensation – Mother in law of deceased is legal representative under Section 166 of MV Act and entitled to maintain the claim petition. October 25, 2021 sclaw
State Laws Rejected the constitutional challenge to the validity of Sections 52 (1)(a), Section 55(b)(1) and Section 56 of the UP Water Supply and Sewerage Act. Appeals allowed HC judgement set aside. Writ petition dismissed. The appellants entitled to recover balance of dues to be recovered per notice of demand, interest at 9 per cent p a. October 24, 2021 sclaw
I B C Appeal under Section 61 IBC – Limitation Period – Litigant has to file its appeal within thirty days, which can be extended up to a period of fifteen days, and no more, upon showing sufficient cause and Limitation period starts from date of pronouncement of order October 24, 2021October 24, 2021 sclaw
I P C Murder – Organized crime – High Court quashed charge sheet against accused for KCOCA offences – Appeal against – High Court has completely glossed over the crucial fact that the writ petition was filed only after the sanction was accorded by the competent authority under Section 24(2) and more so cognizance was also taken by the competent Court of the offence of organized crime committed by the members of organized crime syndicate including the writ petitioner October 24, 2021 sclaw
Constitution Procedure adopted by the High Court disposing writ petition by permitting / allowing the original writ applicant to modify its offer and that too in exercise of powers under Article 226 of the Constitution is unsustainable and unknown to law -HELD Once the writ of mandamus was issued, instead of disposing of the writ petition, the High Court ought to have allowed the writ petition – Impugned order passed by the High Court is unsustainable in as such no reasons whatsoever have been assigned by the High Court on merits. October 21, 2021 sclaw
Bail Declined Criminal Procedure Code, 1973 (CrPC) – Section 438 – Anticipatory bail – If anyone is declared as an absconder/proclaimed offender in terms of section 82 of Cr.PC, he is not entitled to relief of anticipatory bail. October 21, 2021 sclaw
Cr P C Prisons Act, 1894 – Section 59 – Prisons (Bombay Furlough and Parole) Rules, 1959 – Rules 4(4), 4(6) and 4(10) – Rape Case – Prisoner sentenced to life imprisonment – Furlough Leave – Appeal against – Jail Superintendent has given a negative opinion based on the fact that the respondent kept a mobile phone inside the jail illegally and attempted to make contacts with the outside world – Rule 4(4) of the Rules provides for denial of furlough on grounds of disturbance to public peace and tranquillity – Order of High Court directed the release of respondent on furlough set aside – Appeal allowed. October 20, 2021 sclaw
Cr P C Criminal Proceedings Should Not Become Weapons Of Harassment HELD Civil Dispute Given Colour Of Criminal Offence October 19, 2021 sclaw
