Hon'ble Supreme Court of India, have shed light on the maintainability of applications filed under Section 216 CRPC.
Category: Legal Remedies
Default bail – Without completing investigation of case, chargesheet or prosecution complaint cannot be filed by investigating agency.
Default bail-Criminal Procedure Code, 1973, Section 167(2) - Constitution of India, 1950 Article 21 - Prevention of Corruption Act, 1988, Sections 7, 12 and 13(2) - Indian Penal Code, 1860, Sections 120(B) and 420 - Default Bail - Can a chargesheet or a prosecution complaint be filed in piecemeal without first completing the investigation of the case? - Without completing investigation of case, chargesheet or prosecution complaint cannot be filed by investigating agency only to deprive arrested accused of his right to default bail under section 167(2) of the CrPC, 1973 - Held, Supplementary Charge-sheets filed during pendency of investigation just before expiry of 60 days just to scuttle right to Default Bail accrued in favour of Accused - Trial Court mechanically accepting incomplete Charge-sheets and remanding Accused beyond stipulated period - Investigating Agency - Trial Court failed to observe mandate of law and acted in manifestly arbitrary manner and in violation of Fundamental Rights guaranteed to Accused - Interim Order of Bail made absolute.
Latest Law on Quashing of FIR 2020
What is Quashing of FIR? Quashing means to abate, overthrow, or to dismiss it or to make it completely void. Generally, quashing of an FIR (first information report) in criminal proceedings means completely stopping the process of the legal proceedings that are in process. Section 482 Cr.P.C enables the High Courts to pass such order of Quashing of FIR to secure the ends of Justice
Court Marriage in Chandigarh, Matrimonial Lawyer in Chandigarh, One of the best Law Firm in Chandigarh
Court Marriage Procedure and List of All Documents Required. Court Marriage in Chandigarh, Matrimonial Lawyer in Chandigarh, One of the best Law Firm in Chandigarh
Is Foreign Divorce valid in India ?
Is Foreign Divorce valid in India ? or Whether the divorce granted in abroad is valid in India? This question is becoming common in our society. Often it is seen, the people having different temperament could not settle as happily married couple and therefore they tend to part from each other and opt for the decree of Divorce. Now, the difficulty arises when one of the parties has their domicile in one county and one of them obtains matrimonial relief in other country
Special Power of Attorney and Sale of Property
What is Special Power of Attorney? There may be many circumstances in a person’s life who owns assets, properties, bank accounts, etc. but who at that moment may not be…
Pensionary benefits – Time granted for exercising option for counting of work charge service towareds qualifying service for purpose of revised pensionary benefits not mandatory – Duty of department to circulate and dispatch all circulars to each of retiree, which are of benefit.
PUNJAB AND HARYANA HIGH COURT Before:- Nirmaljit Kaur, J. CWP No.1564 of 2016. D/d. 10.02.2020. Karambir Singh – Petitioner Versus Managing Director, UHBVNL and another – Respondents For the Petitioner…
Law of Bail
Law of Bail: Anticipatory Bail, Regular Bail, Bailable offence, Non Bailable Offence, Cognizable & non cognizable office, Discretion, Default bail, Section 167(2) Crpc, Computation of period, case laws, gravity of offence, Cancellation of bail, Bail under NDPS, Bail to juveniles
Police refused to register FIR, what should you do? What remedies you have with you?
Section 154 of The Code of Criminal Procedure Code It deals with registration of First Information Report (though the Section does not use the word ‘First Information Report or FIR).…