The mere initial grant of anticipatory bail for a lesser offence did not entitle the respondent to insist on regular bail even if he was subsequently found to be involved in the case of murder. Neither Section 437 (5) nor Section 439 (1) of the Code was attracted.

Prahlad Singh Bhati Vs. N.C.T., Delhi & Anr. Even though there is no legal bar for a Magistrate to consider an application for grant of bail to a person who is arrested for an offence exclusively triable by a court of Sessions yet it would be proper and appropriate that in such a case the […]

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In order to find the answer, we now advert to the appraisal of Dharampal’s Case.

In order to find the answer, we now advert to the appraisal of Dharampal’s Case. The discussion up to this stage answers the powers of the Magistrate by laying down the principle that even if the case is triable by the Court of Session, the function of the Magistrate is not to act merely as […]

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Power of Central Government to constitute Special Court.

NATIONAL INVESTIGATION AGENCY ACT, 2008 Section 11: Power of Central Government to constitute Special Court. Section 16: Procedure and Power of Special Courts A Special Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of the facts that constitute such offence or upon a […]

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What care should be taken while issuing the process? To be summoned/ to appear before the Criminal Court as an accused is a serious matter affecting one’s dignity and reputation in society.

What care should be taken while issuing the process? To be summoned/ to appear before the Criminal Court as an accused is a serious matter affecting one’s dignity and reputation in society. BIRLA CORPORATION LIMITED Vs ADVENTZ INVESTMENTS AND HOLDINGS Para 31. Under the amended sub-section (1) to Section 202 Cr. P.C it is obligatory […]

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The Power Under Section 451 Cr.P.C. Should Be Exercised Expeditiously AND Judiciously.

  Chetanbhai Vasantbhai Mystery Vs. State of Gujarat “It is obvious from the above legal scheme of the Code of Criminal Procedure that, in the matter of disposal of property, the Criminal Court is invested with wide discretion and the guiding principle is that the property should be delivered to the person who is entitled […]

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