Code of Criminal procedure 1973 – Section 482 – We are of the view that although section 156(3) Cr.P.C. is very briefly worded, there is an implied power in the Magistrate under Section 156 (3) Cr.P.C. to order registration of...
Read moreSection 482 Cr.P.C. – The court must ensure that criminal prosecution is not used as an instrument of harassment or for seeking private vendetta or with an ulterior motive to pressure the accused. The power being discretionary must be exercised...
Read moreNo notice demanding payment of service tax/GST will be issued to lawyers rendering legal services and falling in the negative list. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.27727 of 2020 Devi Prasad Tripathy ….Petitioner in person-versus- The...
Read more
Section 6, 5(I) read with Section 6 and 5(n) read with Section 6 of Protection of Child from Sexual Offences (POCSO) Act – This Court cannot shut its eyes to the ground reality and disturb the happy family life of Read more…
IN THE SUPREME COURT OF INDIACRIMINAL APPELLATE JURISDICTIONCRIMINAL APPEAL NOS. 248-250 OF 2015MANOJ & ORS. …APPELLANT(S)VERSUSSTATE OF MADHYA PRADESH …RESPONDENT(S) Death Sentence – The trial court must elicit information from the accused and the state, both. The state, must – Read more…
Section 482 of Cr.P.C-Section 156 (3) Cr.P.C-That it is a duty of the Magistrate to ensure that investigation is done impartially and in a fair manner. This applicant has been filed with a prayer to quash the impugned order dated Read more…
Section 319 Cr.P.C – power under Section 319 Cr.P.C. is a discretionary and extraordinary power, which should be exercised sparingly and only in those cases where the circumstances of the case so warrant. Section 319 Cr.P.C – the test that Read more…
Section 319 of Cr.p.c.-The principle that only when strong and cogent evidence occurs against a person from the evidence the power under Section 319 Cr.P.C. should be exercised.. The power cannot be exercised in a casual and cavalier manner. This Read more…
Penal Code, 1860 – Sections 302/304B – The true purport of the order passed by this Court. The direction was not meant to be followed mechanically and without due regard to the nature of the evidence available in the case. Read more…
