Search Results for Tag : 1973
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Allahabad HC: Maintenance U/S 125 CrPC Can be Granted if Restitution of Conjugal Rights is Passed(27.04.2022)
Allahabad High Court has held that there is no bar under Section 125 of the Code of Criminal Procedure, 1973 to grant maintenance to a wife, even agai.....
Tags : Allahabad High Court, Section 125, Code of Criminal Procedure, 1973, conjugal rights
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JKL HC: Convicted Accused Who Can't Understand Proceedings Can Be Referred To HC u/s 341 J&K CrPC(19.04.2022)
Jammu and Kashmir and Ladakh High Court has held that the case of an accused who’s convicted, although not insane, but who can’t be made to comprehend.....
Tags : Jammu and Kashmir and Ladakh High Court, section 341 of Jammu and Kashmir Code of Criminal Procedure, 1973, High Court
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Allahabad HC: Magistrate Has Obligation To Ensure Fair Probe After Passing Order U/S 156 (3) CrPC(08.03.2022)
Allahabad High Court has held that the Magistrate cannot wash his hands of the case after passing an order under Section 156 (3) Cr.P.C and that it is.....
Tags : Allahabad High Court, Section 156(3), Criminal Procedure Code, 1973, Monitoring Investigation
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Calcutta HC: Accused Shall be Given Opportunity to Explain Circumstances Appearing Against Him(17.05.2022)
Calcutta High Court has observed that while examining an accused under Section 313 of the Code of Criminal Procedure, 1973 (CrPC), the prosecution is .....
Tags : Calcutta High Court, Section 313, Code of Criminal Procedure, 1973, prosecution
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Allahabad HC: Non-Reporting of Seizure U/S 102 (3) CrPC Doesn't Make Such Seizure Illegal(26.04.2022)
Allahabad High Court has ruled that non-reporting of the seizure forthwith, under Section 102(3) of the Code of Criminal Procedure, 1973 shall not ips.....
Tags : Allahabad High Court, Section 102(3), Code Of Criminal Procedure, 1973, ipso facto, seizure
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SC: Power u/s 482 CrPC Cannot be Exercised Where Allegations Required to be Proved in Court of Law(03.02.2020)
Supreme Court has held that power under Section 482 of the Code of Criminal Procedure, 1973 cannot be exercised where the allegations are required to .....
Tags : Supreme Court, Power under Section 482, Criminal Procedure Code, 1973
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Karnataka HC: Period Must be Counted for Default Bail U/S 167(2) CrPC if Liberty of Accused Lost(28.04.2022)
Karnataka High Court has reiterated that even when the accused is protected on body warrant, the liberty of the said accused is lost and that period w.....
Tags : Karnataka High Court, Section 167(2), Code of Criminal Procedure, 1973, statutory bail
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AP HC: Criminal Proceedings Can't be Quashed if Specific Accusations Made Against Accused U/S 482(28.04.2022)
Andhra Pradesh High Court has reiterated that when there are definite accusations in the First Information Report, charge sheet and witness statement .....
Tags : Andhra Pradesh High Court, First Information Report, Code of Criminal Procedure, 1973, Section 482
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Rajasthan HC: Criminal Revision Petition Maintainable Against Order of Interim Maintenance(28.04.2022)
Rajasthan High Court has ruled that an order of interim maintenance under Section 125 of the Code of Criminal Procedure, 1973 by any Family Court or M.....
Tags : Rajasthan High Court, interim maintenance, Section 125, Code of Criminal Procedure, 1973
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Delhi HC: Apprehension That Accused May Flee Not Enough for Rejecting Benefit of S.445 CrPC(13.04.2022)
Delhi High Court has observed that a mere apprehension communicated by the prosecution that the accused may flee the course of justice, cannot be the .....
Tags : Delhi High Court, apprehension, Section 445 Code of Criminal Procedure, 1973, prosecution
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Orissa HC: Remand Date to be Excluded From Calculation of Statutory Period for Granting Default Bail(26.04.2022)
Orissa High Court has reiterated that while calculating the statutory period for granting default bail under Section 167(2) of the Code of Criminal Pr.....
Tags : Orissa High Court, statutory period, default bail, Section 167(2), Code of Criminal Procedure, 1973, res integra
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JKL HC: Convicted Accused Who Can't Understand Proceedings Can Be Referred To HC u/s 341 J&K CrPC(19.04.2022)
Jammu and Kashmir and Ladakh High Court has held that the case of an accused who’s convicted, although not insane, but who can’t be made to comprehend.....
Tags : Jammu and Kashmir and Ladakh High Court, section 341 of Jammu and Kashmir Code of Criminal Procedure, 1973, High Court
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Allahabad HC: Absconder/ Proclaimed Offender Not Entitled to Anticipatory Bail(07.04.2022)
Allahabad High Court has refused anticipatory bail to a POCSO accused who raped a minor girl and her mother, holding that if anyone has been declared .....
Tags : Allahabad High Court, anticipatory bail, The Code Of Criminal Procedure, 1973, Section 82
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Allahabad HC: Proceedings U/S 145 CrPC Has to be Discontinued if Suit for Possession is Pending(04.05.2022)
Allahabad High Court has observed that where a civil suit for possession or declaration of the title with regard to the same property is pending, the .....
Tags : Allahabad High Court, Section 145, Code of Criminal Procedure, 1973, Possession
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Delhi HC: Husband Having Sufficient Means Obligated to Maintain Wife & Children(27.04.2022)
Delhi High Court has observed that under section 125 of Code of Criminal Procedure, 1973 entails that if the husband has adequate means, he is duty-bo.....
Tags : Delhi High Court, section 125, Code of Criminal Procedure, 1973
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Orissa HC: Remand Date to be Excluded From Calculation of Statutory Period for Granting Default Bail(26.04.2022)
Orissa High Court has reiterated that while calculating the statutory period for granting default bail under Section 167(2) of the Code of Criminal Pr.....
Tags : Orissa High Court, statutory period, default bail, Section 167(2), Code of Criminal Procedure, 1973, res integra
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Allahabad HC: Divorced, Unmarried Muslim Woman Can Claim Maintenance u/s 125 CrPC(18.04.2022)
Allahabad High Court has held that a divorced Muslim woman shall be entitled to claim maintenance from her husband under Section 125 of the Code of Cr.....
Tags : Allahabad High Court, Section 125 of the Code of Criminal Procedure, 1973, iddat
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Karnataka HC: Charge sheet Without FSL Report Not Defective u/s 167(2) CrPC(08.04.2022)
Karnataka High Court has observed that an accused charged under Narcotic Drugs and Psychotropic Substances Act, 1985 does not get a right to default b.....
Tags : Karnataka High Court, Narcotic Drugs & Psychotropic Substances Act,1985, Section 167(2) of Code of Criminal Procedure, 1973, Forensic Science Laboratory Division, charge sheet
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Kerala HC: Wife Can Claim Maintenance U/S 125 Crpc Until She Obtains Benefit Under Muslim Law(13.05.2022)
Kerala HC has restated that a divorced Muslim woman can seek maintenance under Section 125 of Code of Criminal Procedure, 1973 (CrPC), until she obtai.....
Tags : Kerala High Court, Muslim, Code of Criminal Procedure, 1973, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 125
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Allahabad HC: Provision Of De Novo Trial Is Mandatory For Any Accused Summoned U/S 319 CrPC(28.04.2022)
Allahabad High Court has observed that the provision of de novo trial is compulsory for the accused summoned under Section 319 of the Code of Criminal.....
Tags : Allahabad High Court, de novo trial, Section 319, Code of Criminal Procedure, 1973
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Gujarat HC: Bar on Cognizance U/S 195(1)(b)(ii) CrPC Not Attracted When Forgery Took Place(02.05.2022)
Gujarat High Court has ruled that the bar of Section 195(1)(b)(ii) of the Code of Criminal Procedure, 1973 would be attracted only when the offences p.....
Tags : Gujarat High Court, Section 195(1)(b)(ii), Code of Criminal Procedure, 1973
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