Post cover 7 Grounds for Quashing 482 CrPC High Court as held in State of Haryana and others Vs. Ch. Bhajan Lal and others" 1992 AIR SC 604 by Supreme Court of India.
The document discusses the scope of powers granted to the High Court under Section 482 of the Code of Criminal Procedure, 1973. It provides that the section gives the court powers that it already inherently possesses. The powers must be exercised sparingly and not for appellate or revisional purposes. The document outlines several principles for using this power, including to prevent abuse of court processes or otherwise secure justice. It also discusses situations where the High Court may quash an FIR or complaint using these powers, such as when allegations do not disclose a cognizable offense.
This order denies a petition seeking to quash criminal proceedings against the petitioner. The petitioner, a political leader, was charged for offenses under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for remarks made during a political event. While the petitioner argued the remarks were not intended to disrespect judges or members of scheduled castes, the court found the remarks prima facie showed he remarked that people outside of Tamil Nadu are idiots and no one from scheduled castes had become a high court judge in another state until certain political leaders intervened. The court held it is not justified to embark on an inquiry into the reliability of allegations at this stage, and the petitioner must face trial based
The document is a bail application order from the High Court of Delhi regarding the bail application of Mohd. Danish in an FIR registered for offenses related to rioting, unlawful assembly, murder, etc. during the February 2020 Delhi riots.
The petitioner's counsel argued that the petitioner was falsely implicated and that the disclosure statement attributed to him was fabricated and inadmissible. The prosecution argued that the petitioner was actively involved in the riots based on witness statements and call detail records placing him at the scene. The court examined the medical evidence showing the injuries on the deceased police officer but noted that it was unclear who delivered the fatal blow.
This document provides an overview of criminal trial procedures in Pakistan. It begins by defining what is meant by a "trial" and discusses the relevant legal provisions. It then outlines the key pre-trial steps that must be taken, including determining jurisdiction and place of trial, issues of juvenile status, and cognizance of offenses. The document also discusses processes for procuring accused attendance, supplying document copies, right to counsel, and procedures for joint complaint and police cases. Overall, the document serves as a reference guide to the stages and considerations involved in criminal trials under Pakistani law.
This document is a court order from the High Court of Delhi regarding a petition seeking to quash an FIR for rape and other related offenses. The petitioner and complainant had entered into a compromise agreement and were seeking to quash the case. However, the court denied the request to quash the FIR, noting that rape is a serious offense against society. The court found that the petitioner had misrepresented his identity and there was evidence he had forged documents related to their marriage. The court held it could not quash the case solely on the basis of a compromise between the parties for such a serious offense.
Landmark judgement on 498 a false dowry casegurpreet singh
This document is a Supreme Court of India judgment regarding arrests made under Section 498A of the Indian Penal Code, which deals with cruelty by husband or relatives of husband. The Court notes that arrests under this law are often misused to harass husbands and in-laws, and that the rate of acquittals is very high. The Court emphasizes that arrests should only be made according to the guidelines in Section 41 of the Code of Criminal Procedure, which require the police to justify that arrest is necessary for investigation or to prevent tampering of evidence/witnesses. Police must consider if arrest is truly needed rather than making routine arrests.
The Supreme Court of India granted leave in an appeal regarding the denial of anticipatory bail to an appellant. The court analyzed Section 170 of the Code of Criminal Procedure and previous court judgments on the interpretation of this section. The court agreed with the view that Section 170 does not impose an obligation on investigatory officers to arrest every accused when filing a chargesheet. The word "custody" in Section 170 refers to presenting the accused in court, not requiring police or judicial custody. If the accused has cooperated throughout the investigation and there is no reason to believe they will abscond, arrest is not necessary. Insisting on arrest as a prerequisite for accepting a chargesheet violates the intent of Section 170 and personal liberty. In this case
The document discusses the principles of framing charges in criminal cases under the Indian Code of Criminal Procedure. It defines what a charge is and explains that the purpose of framing a charge is to give the accused clear notice of the accusations against them. A valid charge must state the offense, law, time/place of offense, previous convictions if applicable, and contain sufficient particulars for the accused to understand the case they must defend. The court must apply its mind to ensure there is a prima facie case before framing charges. Alterations are allowed but must not prejudice the accused.
The document discusses the scope of powers granted to the High Court under Section 482 of the Code of Criminal Procedure, 1973. It provides that the section gives the court powers that it already inherently possesses. The powers must be exercised sparingly and not for appellate or revisional purposes. The document outlines several principles for using this power, including to prevent abuse of court processes or otherwise secure justice. It also discusses situations where the High Court may quash an FIR or complaint using these powers, such as when allegations do not disclose a cognizable offense.
This order denies a petition seeking to quash criminal proceedings against the petitioner. The petitioner, a political leader, was charged for offenses under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for remarks made during a political event. While the petitioner argued the remarks were not intended to disrespect judges or members of scheduled castes, the court found the remarks prima facie showed he remarked that people outside of Tamil Nadu are idiots and no one from scheduled castes had become a high court judge in another state until certain political leaders intervened. The court held it is not justified to embark on an inquiry into the reliability of allegations at this stage, and the petitioner must face trial based
The document is a bail application order from the High Court of Delhi regarding the bail application of Mohd. Danish in an FIR registered for offenses related to rioting, unlawful assembly, murder, etc. during the February 2020 Delhi riots.
The petitioner's counsel argued that the petitioner was falsely implicated and that the disclosure statement attributed to him was fabricated and inadmissible. The prosecution argued that the petitioner was actively involved in the riots based on witness statements and call detail records placing him at the scene. The court examined the medical evidence showing the injuries on the deceased police officer but noted that it was unclear who delivered the fatal blow.
This document provides an overview of criminal trial procedures in Pakistan. It begins by defining what is meant by a "trial" and discusses the relevant legal provisions. It then outlines the key pre-trial steps that must be taken, including determining jurisdiction and place of trial, issues of juvenile status, and cognizance of offenses. The document also discusses processes for procuring accused attendance, supplying document copies, right to counsel, and procedures for joint complaint and police cases. Overall, the document serves as a reference guide to the stages and considerations involved in criminal trials under Pakistani law.
This document is a court order from the High Court of Delhi regarding a petition seeking to quash an FIR for rape and other related offenses. The petitioner and complainant had entered into a compromise agreement and were seeking to quash the case. However, the court denied the request to quash the FIR, noting that rape is a serious offense against society. The court found that the petitioner had misrepresented his identity and there was evidence he had forged documents related to their marriage. The court held it could not quash the case solely on the basis of a compromise between the parties for such a serious offense.
Landmark judgement on 498 a false dowry casegurpreet singh
This document is a Supreme Court of India judgment regarding arrests made under Section 498A of the Indian Penal Code, which deals with cruelty by husband or relatives of husband. The Court notes that arrests under this law are often misused to harass husbands and in-laws, and that the rate of acquittals is very high. The Court emphasizes that arrests should only be made according to the guidelines in Section 41 of the Code of Criminal Procedure, which require the police to justify that arrest is necessary for investigation or to prevent tampering of evidence/witnesses. Police must consider if arrest is truly needed rather than making routine arrests.
The Supreme Court of India granted leave in an appeal regarding the denial of anticipatory bail to an appellant. The court analyzed Section 170 of the Code of Criminal Procedure and previous court judgments on the interpretation of this section. The court agreed with the view that Section 170 does not impose an obligation on investigatory officers to arrest every accused when filing a chargesheet. The word "custody" in Section 170 refers to presenting the accused in court, not requiring police or judicial custody. If the accused has cooperated throughout the investigation and there is no reason to believe they will abscond, arrest is not necessary. Insisting on arrest as a prerequisite for accepting a chargesheet violates the intent of Section 170 and personal liberty. In this case
The document discusses the principles of framing charges in criminal cases under the Indian Code of Criminal Procedure. It defines what a charge is and explains that the purpose of framing a charge is to give the accused clear notice of the accusations against them. A valid charge must state the offense, law, time/place of offense, previous convictions if applicable, and contain sufficient particulars for the accused to understand the case they must defend. The court must apply its mind to ensure there is a prima facie case before framing charges. Alterations are allowed but must not prejudice the accused.
The document summarizes the process of criminal trials in India. It outlines the key laws governing criminal procedure and offenses in India, including the Code of Criminal Procedure, Indian Penal Code, and Indian Evidence Act. It then provides a flow chart depicting the typical stages of a criminal investigation and trial in India, from police investigation and filing charges to court proceedings, potential appeals, and outcomes of acquittal or conviction. Key concepts in Indian criminal law like bailable vs. non-bailable offenses, anticipatory bail, and cognizable vs. non-cognizable cases are also defined for context.
This document provides a 3-page summary of a bail application hearing in the High Court of Jammu and Kashmir.
[1] The petitioner, Aman Sagotra, is seeking bail in an FIR registered under Section 376 IPC (rape) against him. He claims the sexual relationship was consensual as the prosecutrix willingly entered into it.
[2] However, the prosecutrix alleges the petitioner developed an illicit relationship with her against her will while she was a minor, and raped her on 22.10.2019 by threatening her.
[3] Considering the factors governing bail under law, the Court finds a prima facie case of rape against the petitioner. It
Study circle Supervision of investigaton Role of Magistrates PresentationMohamad Zebkhan
The document discusses various provisions of the Criminal Procedure Code (CrPC) relating to the supervisory role of magistrates over police investigations. It notes that investigation, inquiry, and trial are the three main stages under the CrPC. Key areas where magistrates provide supervision include filing of FIRs, arrest/seizure, custody/remand, discharge of accused, interim orders regarding seized property, bail provisions, identification parades, recording of confessional statements, and submission of charge sheets. The document discusses relevant sections of the CrPC and case laws pertaining to each of these areas.
The document is a court order from the High Court of Himachal Pradesh regarding a petition seeking to quash an FIR registered against the petitioner, an advocate, for protesting against restrictions on the entry route to the District Court complex in Shimla. The court order provides background details on the FIR and the petitioner's arguments. It discusses the stage at which an FIR can be quashed, prior judicial precedents on quashing FIRs, and examines whether the allegations in this case prima facie disclose any offense. The court will further consider whether the FIR and proceedings against the petitioner should be quashed.
The document summarizes key aspects of criminal charges under the Indian Code of Criminal Procedure. It defines what a charge is and discusses the purpose, contents, and errors related to criminal charges. Specifically, it notes that a charge gives the accused precise notice of the accusations against them to prepare their defense. It must state the offense, law violated, and essential facts like time, place, and details of the alleged crime. Precisely framing the charge is important to ensure a fair trial and due process.
1. The document discusses the right to a fair trial in India, including the origins and basic attributes of fair trial. It outlines the key aspects of a fair trial like presumption of innocence, an independent and impartial judiciary, and protection from torture.
2. It examines various stages of criminal proceedings like FIR registration, police investigation, framing of charges, trial procedures, and conviction. It highlights the importance of an independent public prosecutor.
3. The document also analyzes problems that can undermine fair trial such as custodial torture, deaths in police custody as shown by NHRC reports, and the need for strict protection against third degree methods of investigation.
This document discusses the role and powers of a Justice of Peace (JP) in Pakistan. It notes that a JP performs administrative and ministerial functions, not judicial roles. It outlines the types of complaints a JP can address related to police matters, such as failures to register cases or record statements. However, a JP cannot directly interfere with investigations or transfer cases. When addressing complaints, a JP should gather police comments, ensure remedies are exhausted, and focus on facilitating solutions rather than directly resolving issues. Non-compliance of a JP's directions can result in recommending criminal cases or actions by higher police authorities.
Statement of suspects need to be recorded by the law enforcement agencies at the stage of investigation. This presentation gives an overview of Indian Law in thi sregard while also recommending areas for improvement.
(1) Section 157 of the Criminal Procedure Code outlines the procedure for police investigation when an officer in charge of a police station suspects that a cognizable offense has been committed. The officer must send a report to the appropriate magistrate and either proceed to investigate the matter themselves or depute a subordinate officer to do so.
(2) The officer is not required to proceed in person or depute another officer for minor, non-serious offenses or if there is insufficient ground for investigation. For rape offenses, the victim's statement must be recorded at their residence or place of choice by a woman police officer if possible.
(3) The officer must provide reasons if fully complying with the investigation procedure outlined in Section 157
Qanun-e- Shahdath Order , {Documentary evidence}ShahMuhammad55
This document discusses documentary evidence in criminal trials under Pakistani law. It begins by introducing the stages of a criminal trial and the types of evidence presented. It then focuses on documentary evidence, explaining how documents are admitted into evidence and the best evidence rule. Key points include: documents must be properly submitted by the prosecution or defense and examined; the contents of a document are proven by the document itself under the best evidence rule; and documentary evidence has precedence over oral testimony in contradicting a document's contents according to Articles 102 and 103 of Pakistan's Evidence Act.
Pre trial proceedings in criminal case by ghulam hamidzulfi799
The document summarizes the key stages in pre-trial criminal proceedings in Pakistan, including:
1) Occurrence of the crime and victim/complainant reporting to police.
2) Police investigation under the Criminal Procedure Code, including registering an FIR, collecting evidence, and diary entries.
3) Police having the accused arrested (if a cognizable offense) and producing them before a magistrate within 24 hours. The magistrate then has powers to remand the accused to police custody for up to 15 days for further investigation or send to judicial custody.
The document discusses the wide powers that trial courts have under Section 173(8) of the Code of Criminal Procedure to order re-investigations and investigate further during criminal trials. It notes that trial courts can charge new accused persons and summon them if the court believes they may have been involved in the offense based on evidence presented. However, the document argues that trial courts do not always make full use of these powers and provides several examples from a specific case where important witnesses were not examined or summoned. It emphasizes that courts have a duty to actively oversee proceedings and ensure a fair trial, rather than just acting as passive observers. The document advocates that trial courts should play a more proactive role in collecting evidence to arrive at the truth
Ktaka hc order june 22 rape accused bailZahidManiyar
The petitioner, Rakesh B, sought anticipatory bail in relation to crimes registered against him under sections 376 (rape), 420 (cheating), 506 (criminal intimidation) of the IPC and section 66(B) of the IT Act. His earlier petition was rejected by a lower court.
The High Court granted anticipatory bail to the petitioner, noting inconsistencies and lack of explanation in the complainant's version of events. The Court imposed strict conditions on the petitioner, including executing a personal bond, cooperating with investigation, not leaving the jurisdiction, and reporting regularly to police. Failure to abide by conditions could result in cancellation of bail.
Police officers have several powers to investigate cases in India according to the Code of Criminal Procedure. [1] Officers can investigate cognizable cases without a court order. They can examine witnesses and request their attendance. [2] For non-cognizable cases, a magistrate's order is required. Police must submit investigation reports detailing facts and witnesses. [3] If further evidence is found, additional reports can be submitted. Searches and arrests can occur based on reasonable grounds. Overall the document outlines police investigation procedures in India according to the Code of Criminal Procedure.
The document summarizes the key steps and procedures for criminal investigations according to the Code of Criminal Procedure (CrPC) in India. It discusses (1) the initiation of a criminal case based on a police report, (2) the police's power to summon witnesses and record statements, (3) recording of confessions by a magistrate, (4) procedures for remand and release of the accused, and (5) requirements for the police case diary and final report. The document provides details on the legal provisions governing these various stages of pre-proceeding investigation under the CrPC.
1) The applicant Kapil Raidas sought bail in an FIR registered under the U.P. Gangsters and Anti-Social Activities (Prevention) Act for which five cases were invoked against him based on a single recovery on August 14, 2019.
2) The court questioned how the investigating officer determined what amount recovered pertained to each case and how he implicated the applicant in five cases within nine days based on a single recovery.
3) The court ordered the Superintendent of Police of Hardoi to file an affidavit explaining the investigating officer's conclusions and what actions would be taken against the officer if the cases invoked under the Gangsters Act were found to be false.
Valsan Vs State Of Kerala On 25 June, 2003msdhillon72
Valsan faced charges under Section 12(1)(b) of the Indian Passport Act for allegedly applying for a passport using his uncle's name and photo with dishonest intentions. The trial court took cognizance of the charges beyond the statutory limitation period without considering whether the delay could be condoned under Section 473 of the CrPC. The High Court ruled that taking cognizance in violation of Section 468 was not justified as there were no circumstances to invoke Section 473 to ignore the limitation. It allowed the revision petition, set aside the trial court order and stopped further proceedings against Valsan.
This document discusses laws and guidelines related to arrests in India. It provides directions from a Supreme Court case regarding which authorities can investigate, register FIRs, and make arrests for certain drug-related offenses. It discusses the powers of police officers and drug inspectors to arrest under the relevant Act and Code of Criminal Procedure. It also outlines the D.K. Basu guidelines for carrying out arrests and interrogations and the Arnesh Kumar guidelines regarding determining the necessity of an arrest for offenses with less than 7 years punishment.
(1) When a non-cognizable offense is reported to an officer in charge of a police station within their jurisdiction, they must make a record of the substance of the information and refer the informant to the local Magistrate. (2) A police officer cannot investigate a non-cognizable case without an order from a Magistrate. (3) An officer who receives such an order can investigate the case with the same powers as a cognizable case, except for making arrests without a warrant. (4) If a case involves both cognizable and non-cognizable offenses, it is considered cognizable.
The document provides guidance on important judgments for motor accident claims (MACT) cases. It outlines principles such as:
1) MACT cases should follow a summary procedure rather than be conducted like regular civil suits.
2) Tribunals should take an active role in deciding cases and expediting compensation disbursement.
3) Proceedings should not be adversarial but aimed at determining just compensation.
4) Effective use should be made of evidence rules and electronic communication is permitted for case related communications.
The document summarizes the process of criminal trials in India. It outlines the key laws governing criminal procedure and offenses in India, including the Code of Criminal Procedure, Indian Penal Code, and Indian Evidence Act. It then provides a flow chart depicting the typical stages of a criminal investigation and trial in India, from police investigation and filing charges to court proceedings, potential appeals, and outcomes of acquittal or conviction. Key concepts in Indian criminal law like bailable vs. non-bailable offenses, anticipatory bail, and cognizable vs. non-cognizable cases are also defined for context.
This document provides a 3-page summary of a bail application hearing in the High Court of Jammu and Kashmir.
[1] The petitioner, Aman Sagotra, is seeking bail in an FIR registered under Section 376 IPC (rape) against him. He claims the sexual relationship was consensual as the prosecutrix willingly entered into it.
[2] However, the prosecutrix alleges the petitioner developed an illicit relationship with her against her will while she was a minor, and raped her on 22.10.2019 by threatening her.
[3] Considering the factors governing bail under law, the Court finds a prima facie case of rape against the petitioner. It
Study circle Supervision of investigaton Role of Magistrates PresentationMohamad Zebkhan
The document discusses various provisions of the Criminal Procedure Code (CrPC) relating to the supervisory role of magistrates over police investigations. It notes that investigation, inquiry, and trial are the three main stages under the CrPC. Key areas where magistrates provide supervision include filing of FIRs, arrest/seizure, custody/remand, discharge of accused, interim orders regarding seized property, bail provisions, identification parades, recording of confessional statements, and submission of charge sheets. The document discusses relevant sections of the CrPC and case laws pertaining to each of these areas.
The document is a court order from the High Court of Himachal Pradesh regarding a petition seeking to quash an FIR registered against the petitioner, an advocate, for protesting against restrictions on the entry route to the District Court complex in Shimla. The court order provides background details on the FIR and the petitioner's arguments. It discusses the stage at which an FIR can be quashed, prior judicial precedents on quashing FIRs, and examines whether the allegations in this case prima facie disclose any offense. The court will further consider whether the FIR and proceedings against the petitioner should be quashed.
The document summarizes key aspects of criminal charges under the Indian Code of Criminal Procedure. It defines what a charge is and discusses the purpose, contents, and errors related to criminal charges. Specifically, it notes that a charge gives the accused precise notice of the accusations against them to prepare their defense. It must state the offense, law violated, and essential facts like time, place, and details of the alleged crime. Precisely framing the charge is important to ensure a fair trial and due process.
1. The document discusses the right to a fair trial in India, including the origins and basic attributes of fair trial. It outlines the key aspects of a fair trial like presumption of innocence, an independent and impartial judiciary, and protection from torture.
2. It examines various stages of criminal proceedings like FIR registration, police investigation, framing of charges, trial procedures, and conviction. It highlights the importance of an independent public prosecutor.
3. The document also analyzes problems that can undermine fair trial such as custodial torture, deaths in police custody as shown by NHRC reports, and the need for strict protection against third degree methods of investigation.
This document discusses the role and powers of a Justice of Peace (JP) in Pakistan. It notes that a JP performs administrative and ministerial functions, not judicial roles. It outlines the types of complaints a JP can address related to police matters, such as failures to register cases or record statements. However, a JP cannot directly interfere with investigations or transfer cases. When addressing complaints, a JP should gather police comments, ensure remedies are exhausted, and focus on facilitating solutions rather than directly resolving issues. Non-compliance of a JP's directions can result in recommending criminal cases or actions by higher police authorities.
Statement of suspects need to be recorded by the law enforcement agencies at the stage of investigation. This presentation gives an overview of Indian Law in thi sregard while also recommending areas for improvement.
(1) Section 157 of the Criminal Procedure Code outlines the procedure for police investigation when an officer in charge of a police station suspects that a cognizable offense has been committed. The officer must send a report to the appropriate magistrate and either proceed to investigate the matter themselves or depute a subordinate officer to do so.
(2) The officer is not required to proceed in person or depute another officer for minor, non-serious offenses or if there is insufficient ground for investigation. For rape offenses, the victim's statement must be recorded at their residence or place of choice by a woman police officer if possible.
(3) The officer must provide reasons if fully complying with the investigation procedure outlined in Section 157
Qanun-e- Shahdath Order , {Documentary evidence}ShahMuhammad55
This document discusses documentary evidence in criminal trials under Pakistani law. It begins by introducing the stages of a criminal trial and the types of evidence presented. It then focuses on documentary evidence, explaining how documents are admitted into evidence and the best evidence rule. Key points include: documents must be properly submitted by the prosecution or defense and examined; the contents of a document are proven by the document itself under the best evidence rule; and documentary evidence has precedence over oral testimony in contradicting a document's contents according to Articles 102 and 103 of Pakistan's Evidence Act.
Pre trial proceedings in criminal case by ghulam hamidzulfi799
The document summarizes the key stages in pre-trial criminal proceedings in Pakistan, including:
1) Occurrence of the crime and victim/complainant reporting to police.
2) Police investigation under the Criminal Procedure Code, including registering an FIR, collecting evidence, and diary entries.
3) Police having the accused arrested (if a cognizable offense) and producing them before a magistrate within 24 hours. The magistrate then has powers to remand the accused to police custody for up to 15 days for further investigation or send to judicial custody.
The document discusses the wide powers that trial courts have under Section 173(8) of the Code of Criminal Procedure to order re-investigations and investigate further during criminal trials. It notes that trial courts can charge new accused persons and summon them if the court believes they may have been involved in the offense based on evidence presented. However, the document argues that trial courts do not always make full use of these powers and provides several examples from a specific case where important witnesses were not examined or summoned. It emphasizes that courts have a duty to actively oversee proceedings and ensure a fair trial, rather than just acting as passive observers. The document advocates that trial courts should play a more proactive role in collecting evidence to arrive at the truth
Ktaka hc order june 22 rape accused bailZahidManiyar
The petitioner, Rakesh B, sought anticipatory bail in relation to crimes registered against him under sections 376 (rape), 420 (cheating), 506 (criminal intimidation) of the IPC and section 66(B) of the IT Act. His earlier petition was rejected by a lower court.
The High Court granted anticipatory bail to the petitioner, noting inconsistencies and lack of explanation in the complainant's version of events. The Court imposed strict conditions on the petitioner, including executing a personal bond, cooperating with investigation, not leaving the jurisdiction, and reporting regularly to police. Failure to abide by conditions could result in cancellation of bail.
Police officers have several powers to investigate cases in India according to the Code of Criminal Procedure. [1] Officers can investigate cognizable cases without a court order. They can examine witnesses and request their attendance. [2] For non-cognizable cases, a magistrate's order is required. Police must submit investigation reports detailing facts and witnesses. [3] If further evidence is found, additional reports can be submitted. Searches and arrests can occur based on reasonable grounds. Overall the document outlines police investigation procedures in India according to the Code of Criminal Procedure.
The document summarizes the key steps and procedures for criminal investigations according to the Code of Criminal Procedure (CrPC) in India. It discusses (1) the initiation of a criminal case based on a police report, (2) the police's power to summon witnesses and record statements, (3) recording of confessions by a magistrate, (4) procedures for remand and release of the accused, and (5) requirements for the police case diary and final report. The document provides details on the legal provisions governing these various stages of pre-proceeding investigation under the CrPC.
1) The applicant Kapil Raidas sought bail in an FIR registered under the U.P. Gangsters and Anti-Social Activities (Prevention) Act for which five cases were invoked against him based on a single recovery on August 14, 2019.
2) The court questioned how the investigating officer determined what amount recovered pertained to each case and how he implicated the applicant in five cases within nine days based on a single recovery.
3) The court ordered the Superintendent of Police of Hardoi to file an affidavit explaining the investigating officer's conclusions and what actions would be taken against the officer if the cases invoked under the Gangsters Act were found to be false.
Valsan Vs State Of Kerala On 25 June, 2003msdhillon72
Valsan faced charges under Section 12(1)(b) of the Indian Passport Act for allegedly applying for a passport using his uncle's name and photo with dishonest intentions. The trial court took cognizance of the charges beyond the statutory limitation period without considering whether the delay could be condoned under Section 473 of the CrPC. The High Court ruled that taking cognizance in violation of Section 468 was not justified as there were no circumstances to invoke Section 473 to ignore the limitation. It allowed the revision petition, set aside the trial court order and stopped further proceedings against Valsan.
This document discusses laws and guidelines related to arrests in India. It provides directions from a Supreme Court case regarding which authorities can investigate, register FIRs, and make arrests for certain drug-related offenses. It discusses the powers of police officers and drug inspectors to arrest under the relevant Act and Code of Criminal Procedure. It also outlines the D.K. Basu guidelines for carrying out arrests and interrogations and the Arnesh Kumar guidelines regarding determining the necessity of an arrest for offenses with less than 7 years punishment.
(1) When a non-cognizable offense is reported to an officer in charge of a police station within their jurisdiction, they must make a record of the substance of the information and refer the informant to the local Magistrate. (2) A police officer cannot investigate a non-cognizable case without an order from a Magistrate. (3) An officer who receives such an order can investigate the case with the same powers as a cognizable case, except for making arrests without a warrant. (4) If a case involves both cognizable and non-cognizable offenses, it is considered cognizable.
Similar to Grounds for Quashing 482 CrPC High Court (20)
The document provides guidance on important judgments for motor accident claims (MACT) cases. It outlines principles such as:
1) MACT cases should follow a summary procedure rather than be conducted like regular civil suits.
2) Tribunals should take an active role in deciding cases and expediting compensation disbursement.
3) Proceedings should not be adversarial but aimed at determining just compensation.
4) Effective use should be made of evidence rules and electronic communication is permitted for case related communications.
1. HRERA, Panchkula has initiated an online system for registering and tracking the quarterly progress of real estate projects.
2. Developers must file quarterly information on specified parameters like construction progress, funds received and spent, and more.
3. A multi-step process is outlined for developers to log in, fill out forms with required documents, and submit quarterly updates on infrastructure development, sales, construction timelines, finances, and more for each registered project.
HARYANA REAL ESTATE APPELLATE TRIBUNAL , CHANDIGARH
At the time of filing an Appeal these instructions are required to be followed by the Appellant/ Advocate
This document is an appeal filed against an impugned order uploaded on a certain date. It lists various case details like the appeal number, application details if any, prayer in appeal, findings and relief sought in the original complaint, allotment and payment details, offer and delay in possession, and cancellation date. The key information provided are the appeal details against an impugned order, listing of case particulars and dates, and summarizing the original complaint regarding real estate project allotment, possession and cancellation.
This document contains regulations made by the Haryana Real Estate Appellate Tribunal regarding its practice and procedure. It outlines 23 chapters covering topics such as the tribunal's jurisdiction, language, sittings, filing of appeals, hearing procedures, judgments, records maintenance, costs and miscellaneous matters. The regulations provide details on presentation of appeals, accompanying documents, fees, timelines and processes to be followed for matters under the tribunal's jurisdiction in the state of Haryana.
There are 5 main types of bail discussed in the document: 1) Interim bail is granted for a short time before a hearing for regular or anticipatory bail; 2) Anticipatory bail is granted to someone apprehensive of arrest for a non-bailable offense; 3) Statutory bail, also called default bail, is given if police fail to file a report/complaint within a certain time frame; 4) Regular bail allows a court to release a person by executing a bond with sureties; 5) Medical bail is one of the five types of bail under Indian law.
This document provides instructions for e-filing procedures in Debts Recovery Tribunals and Appellate Tribunals (DRTs and DRATs) in India. It outlines the step-by-step process for original application filing, securitization application filing, document filing, deficit fee payment, and filing regular appeals in DRAT. Key steps include user registration, selecting the appropriate DRT jurisdiction, filling applicant and defendant details, uploading documents, reviewing and paying court fees online, and obtaining a diary number upon successful submission. The overall aim is to promote paperless filing and create efficiencies using an online system for recovery of debts owed to banks and financial institutions.
Punjab Registration of Societies PDF compiling 27 pages covered everything you need to know about Society Registration in Punjab. You will be able to follow steps mentioned and register.
Know the eligibility required for Free Legal Aid scheme floated by different authorities at all levels, District, Taluka, High Court and even at Supreme Court levels.
Read this PDF to know about Free Legal Aid schemes floated by Centre, State, District and High Court Levels across the country. Know the eligibility criteria.
This document tells ProformaB for Panchkula RERA Complaint Filing. What all information is required to generate Proforma B online is covered in this document. Then within 30 days, the hard copies of the same are need to be deposited with the RERA Panchkula Authority.
Complaint to the Haryana Real Estate Regulatory Authority, Gurugram
(Claim for relief, direction/orders and penalty proceedings under section 31 read
with sections 35, 36, 37 and section 38 of the Real Estate (Regulation & Development)
Act, 2016. Form – ‘CRA’ - I
[See rule 28(1)] (FOR DELAY POSSESSION CHARGES)
Haryana Real Estate Regulatory Authority (Adjudication of Complaints), Regulations, 2018.
(Published by the Authority in Haryana Government Gazette (Extraordinary)) Notification dated 09.02.2018. No. 333 RERA PKL/ 2018 - In exercise of the powers conferred on it under
Section-85 of the Real Estate (Regulation and Development) Act, 2016 and all
others powers enabling it in that behalf, the Real Estate Regulatory Authority, Panchkula hereby makes the following regulations:
This document covers RERA Panchkula Haryana Complaint Format wherein you can follow the format and file the complaint before Haryana RERA Panchkula Authority. Visit www.legalseva.net on more updates about RERA Panchkula Authority and Adjudicating Officer.
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CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
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Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
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Safeguarding Against Financial Crime: AML Compliance Regulations Demystified
Grounds for Quashing 482 CrPC High Court
1. Dear Readers,
In State of Haryana and others Vs. Ch. Bhajan Lal and others" 1992 AIR SC 604, Hon'ble
Supreme Court has laid down the guidelines as to the cases in which High Court should
exercise its extraordinary power to quash the FIR or the complaint under Section 482
Cr.PC. It was held as under:
(a) where the allegations made in the First Information Report or the complaint, even if
they are taken at their face value and accepted in their entirety do not prima facie
constitute any offence or make out a case against the accused;
(b) where the allegations in the First Information Report and other materials, if any,
accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation
by police officers under Section 156(1) of the Code except under an order of a Magistrate
within the purview of Section 155(2) of the Code;
(c) where the uncontroverted allegations made in the FIR or complaint and the evidence
collected in support of the same do not disclose the commission of any offence and make
out a case against the accused;
(d) where the allegations in the FIR do not constitute a cognizable offence but constitute
only a non-cognizable offence, no investigation is permitted by a police officer without
an order of a Magistrate as contemplated under Section 155(2) of the Code;
Quashing Grounds
482 CrPC
2. (e) where the allegations made in the FIR or complaint are so absurd and inherently
improbable on the basis of which no prudent person can ever reach a just conclusion that
there is sufficient ground for proceeding against the accused;
(f) where there is an express legal bar engrafted in any of the provisions of the Code or
the concerned Act (under which a criminal proceeding is instituted) to the institution
and continuance of the proceedings and/or where there is a specific provision in the
Code or the concerned Act, providing efficacious redress for the grievance of the
aggrieved party;
(g) where a criminal proceeding is manifestly attended with mala fide and/or where the
proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on
the accused and with a view to spite him due to private and personal grudge."
Regards,
Satish Mishra Advocate