Criminal
NIA S. 143A – Is mandatory in nature.
Negotiable Instrument Act, 1881 - Section 143A - Word “may” be treated as “shall” and is not discretionary, but of...
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NIA S. 143A – Discretionary power that is vested with the trial Court in ordering for interim compensation must be supported by reasons
“ A careful reading of the order passed by the Court below shows that the Court below has focussed more...
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Criminal trial – Arrest – Bail – It is only in cases of utmost necessity, where the investigation cannot be completed without arresting the person, that his arrest may be necessary.
Criminal trial - Arrest – Bail - Special Judge was labouring under a misconception that in every non-bailable and cognizable...
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CrPC , S. 173(2)(i)(g) – Thus, the only meaning of Sub-clause (g) of Sub-section (2)(i) of CrPC S. 173 “whether the accused has been forwarded in custody under CrPC S. 170 ” is with regard to the information that whether the accused is being forwarded under custody or not.
CrPC , S. 173(2)(i)(g) - Thus, the only meaning of Sub-clause (g) of Sub-section (2)(i) of CrPC S. 173 "whether...
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CrPC , S. 170 – Word “custody” appearing in this section does not contemplate either police or judicial custody.
CrPC , S. 170 - Word "custody" appearing in this section does not contemplate either police or judicial custody. It...
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Arrest – It is not mandatory for Officer-in-charge to forward each and every accused in custody while filing the charge-sheet – CrPC S. 173
CrPC , S. 173(2)(i)(g) - The very word "Whether" referred in Clause (g) of Sub-section (2)(i) shows that it is...
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CrPC S. 173 – When a report is presented, options before the court
CrPC, S. 173 - Bare perusal of shows that whenever a final report underS. 173is filed for consideration by the...
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CrPC S. 125 – Maintenance – Wife was earning some income
CrPC S. 125 – Merely because the wife was earning some income, it could not be a ground to reject...
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CrPC S. 125 – Subsisting previous marriage – Maintenance
CrPC S. 125 – Subsisting previous marriage -When marriage took place between the petitioner and respondent No.1, previous marriage of the...
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NIA S. 138 – While imposing sentence, Court can impose sentence lesser than two years – But there is no discretion to reduce the imposition of fine
Negotiable Instruments Act, 1881 – Section 138 - Section provides that if any person commits an offence under Section 138...
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CrPC S. 167(2) and the Fundamental Right to Life and Personal Liberty
17. Before we proceed to expand upon the parameters of the right to default bail under Section 167(2) as interpreted by...
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In all cases where the minimum sentence is less than 10 years but the maximum sentence is not death or life imprisonment then CrPC S. 167(2) (a)(ii) will apply and the accused will be entitled to grant of ‘default bail’ after 60 days in case charge-sheet is not filed.
The right to get this bail is an indefeasible right and this right must be exercised by the accused by...
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CrPC S. 167(2) – period for filing of charge sheet would begin to run and be counted from the next date of arrest of the accused. However, the date of accused being sent on remand would be excluded but the date on which charge-sheet was filed is to be included.
Period for filing of charge sheet would begin to run and be counted from the next date of arrest of...
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Criminal Trial – If the offences form part of same transaction of the offences contemplated under Section 195(1) of Cr.P.C, then it is not possible to split up and hold that prosecution of the accused for the other offences should be upheld
Criminal Procedure Code, 1973 (II of 1974), Section 195(1)(a) - Section 188 IPC was the main offence - Under Section...
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