Search Results for Tag : Section 43
News
Karnataka HC: Anticipatory Bail Plea Not Maintainable Once Accused Enters Appearance(28.01.2022)
Karnataka High Court has observed that once an accused has appeared before the court, either personally or through his counsel, he cannot seek anticip.....
Tags : Karnataka High Court, Section 438 Criminal Procedure Code
read»
MP HC to State: Publicize Provisions of POCSO Act as Per the Mandate of S.43(21.12.2023)
Madhya Pradesh High Court has directed the Government Advocate appearing for the State to bring Section 43 of the POCSO Act into the notice of the Sta.....
Tags : Madhya Pradesh High Court, POCSO, Section 43, Publicize
read»
CRIMINAL - Juvenile Not Entitled To Move Application U/s 438 of Cr.PC: MP HC(27.03.2019)
Madhya Pradesh High Court has ruled that a juvenile is not entitled to move application under Section 438 of Cr.P.C. for anticipatory bail.
Tags : Madhya Pradesh High Court, anticipatory bail, Section 438 of Cr.P.C.
read»
SC: Inclined to Hold That Accused in One Case Shouldn’t be Denied Anticipatory Bail in Another Case(07.05.2024)
SC has observed that it is prima facie of the view that Section 438 of the Code of Criminal Procedure, 1973 cannot be stultified and if a person is un.....
Tags : Supreme Court, Section 438 CrPC, Anticipatory Bail
read»
Allahabad HC: Compliance of Pre-Deposit Mandatory Under RERA Act Before Entertainment(18.04.2022)
Allahabad High Court has ruled that the statutory compliance of a pre-deposit under Section 43(5) of the Real Estate (Regulation and Development) Act,.....
Tags : Allahabad High Court, Section 43(5) of the Real Estate (Regulation and Development) Act, 2016, Appellate Tribunal
read»
ITAT, Bangalore: Service Tax Collected But Not Remitted Can be Disallowed u/s 43B of Income Tax Act(18.04.2022)
Income Tax Appellate Tribunal, Bangalore has ruled that the amount of service tax collected under section 43B of the Income Tax Act, 1961 but not remi.....
Tags : Income Tax Appellate Tribunal, service tax, section 43B of the Income Tax Act, 1961
read»
SC Upholds Constitutional Validity of Section 43B(f) of Income Tax Act(27.04.2020)
Supreme Court has upheld the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, reversing the judgment of the Calcutta .....
Tags : Supreme Court, Constitutional Validity of Section 43B(f) of Income Tax Act
read»
SC: Beneficial Provision of Section 436A of CrPC Will Apply To Prosecution Under PMLA(21.10.2024)
SC while granting bail to an accused in a money laundering case, has relied on Vijay Madanlal Choudhary and Ors. vs. Union of India (MANU/SC/0924/2022.....
Tags : Supreme Court, Money Laundering, Section 436A
read»
SC: Power Under Section 432(1) of CrPC Has to be Exercised in a Fair and Reasonable Manner(22.10.2024)
Supreme Court has held that the power under Section 432(1) of the CrPC has to be exercised in a fair and reasonable manner. Therefore, conditions impo.....
Tags : Supreme Court, Article 14, Section 432(1)
read»
Bombay HC: Benefit Under Section 436-A of CrPC Can be Extended to Undertrials Only(02.09.2020)
Bombay High Court has held that the benefit under Section 436-A of the Code of Criminal Procedure, 1973 (CrPC) can be extended to an undertrial prison.....
Tags : Bombay High Court, Benefit Under Section 436-A of CrPC
read»
SC: While Exercising Bail Jurisdiction, Courts Cannot Grant Compensation of Accused(03.03.2025)
Supreme Court has held that the jurisdiction conferred upon a Court under Section 439 of CrPC is limited to grant or refusal of bail pending trial and.....
Tags : Supreme Court, Section 439, Pending Trial
read»
SC: Section 436A CrPC Applicable to Special Acts in Absence of Any Specific Provision(14.07.2022)
Supreme Court has held that Section 436A of the Code of Criminal Procedure (CrPC) would apply to the Special Acts also in the absence of any specific .....
Tags : Supreme Court, Section 436A, Special Acts
read»
SC: Section 437(6) Application to be Treated Liberally When No Prejudice to Prosecution Shown(19.02.2025)
SC has observed that where there is absence of positive factors going against accused showing possibility of prejudice to prosecution or accused being.....
Tags : Supreme Court, Section 437(6), Delay in Trial
read»
Del. HC: Indian Citizen Apprehending Arrest for Offence Committed Abroad Can Invoke Sec. 438 of CrPC(02.07.2025)
Delhi High Court has observed that Indian citizen who apprehends arrest in India for an alleged offence committed abroad can invoke protection of anti.....
Tags : Delhi High Court, Section 438, Indian Citizen
read»