Section 151 CPC

Section 151 C.P.C.

For many centuries Indian society cherished two basic values of life i.e. “satya‟ (truth) and „ahimsa‟ (non-violence). Mahavir, Gautam Buddha and Mahatama Gandhi guided the people to ingrain these values in their daily life. I am of the considered opinion that the argument put forth by the learned counsel for the Read more…

Section 239 and Section 397 (2) of Code of Criminal Procedure

Section 239 and 397 (2) of Cr.P.C. – It is well settled that the trial court while considering the discharge application is not to act as a mere post office. The Court has to sift through the evidence in order to find out whether there are sufficient grounds to try Read more…

Section 482 Cr.p.c.

Section 439 Cr.P.C.

Section 439 of Cr.P.C. – Bail Application – dismissed –        NO MEANS NO – The simplest of sentences have become the most difficult for some men to understand. No does not mean yes, it does not mean that the girl is shy, it does not mean that the girl is Read more…

Section 439 Cr.P.C.

Sections 302, 143, 144, 147, 148, 149, 341, 384, 120B,506(2)and 34of the Indian Penal Code – Sections25(1-b) A, 27 and 29of the Arms Act – Section 135 of the Gujarat Police Act – Section 439 of the Code of Criminal Procedure 1973 – The Court granting bail cannot obviate its Read more…

Section 301 Cr.P.C

Section 301(2) of Cr.P.C. – a mandate that allows the victim’s counsel to make oral arguments and cross ­examine witnesses goes beyond a mere assistive role, and constitutes a parallel prosecution proceeding by itself. That the victim’s counsel has a limited right of assisting the prosecution, which may extend to Read more…

Section 227/239 Cr.P.C.

At the stage of framing of the charge and/or considering the discharge application, the mini trial is not permissible. Section 7 of the PC Act –  Section 227/239 Cr.P.C. – The High Court was required to consider whether a prima facie case has been made out or not and whether Read more…

Section 138 Negotiable Instruments Act, 1881

Section 258 of the Code is not applicable to complaints under Section 138 of the Act The High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints under Section 138 of the Act from summary trial to summons trial. There is no Read more…

High Court of MP

Section 197 of CrPC

The law is well settled that no sanction is required to prosecute a public servant who has ceased to hold office when prosecution is for the offences under the Prevention of Corruption Act.                                                                                          MCRC No. 1257/2020                                                                                          MCRC No. 2844/2020 HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR DIVISION Read more…

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