The learned counsel for the petitioners fairly submits that insofar as prayer clauses (c) and (c-i) of the writ petition are concerned, the same stand answered by virtue of the aforesaid Scheme of 2022. He submits that the petitioners desire to seek benefit under the said Scheme. However, under Clause 16 thereof, a period of limitation has been prescribed and the claim is ..read more

To equip the revisional court to exercise the discretion in a correct manner, it may be advantageous for the revisional court to ascertain whether, pursuant to the direction of the Magistrate, FIR has, in fact, been registered. Two situations are conceivable : pre and post-registration of FIR pursuant to the order by the Magistrate. {Para 125}126. (a) If the FIR is yet not registered, an interim ..read more

Some contradictions were sought to be pointed out in the statement as given in the First Information Report and in the evidence of the witness P.W. 11 but we do not think it is open to the learned advocate to comment upon it because none of those contradictions have been put to the witness at the time of his giving evidence. According to the F.I.R. it would appear that Indradeo Singh ..read more

 Before we part with the case, we may observe a common error creeping in many of the judgments including the present one. No distinction is made while using the words 'informant' and 'complainant'. In many of the judgments, the person giving the report under Section 154 of the Code is described as the 'complainant' or the 'de facto complainant' instead of 'informant', assuming that the State ..read more

In this context, we could refer to judgments of this Court in the case of N.K.V. Bros. (P) Ltd. v. M. Karumai Ammal reported in MANU/SC/0321/1980 : AIR 1980 SC 1354, wherein the plea that the criminal case had ended in acquittal and that, therefore, the civil suit must follow suit, was rejected. It was observed that culpable rashness Under Section 304-A of Indian Penal Code is more drastic than ..read more

 It is now agreed as per table I of the note submitted by learned ASG that the following agreed directions can be issued:A. Accident Information Report--The jurisdictional police station shall report the accident Under Section 158(6) of the Act (Section 159 post 2019 amendment) (hereinafter "the report") to the Tribunal and insurer within first 48 hours either over email or a dedicated ..read more

93. In keeping with the mandate of the HIV Act, the following directions are issued to the Central and State Governments:1) Under Section 14(1) of the HIV Act, the measures to be taken by the Central Government and all the State Government are, to provide, (as far as possible), diagnostic facilities relating to HIV or AIDS, Anti-retroviral therapy and Opportunistic Infection Management to people ..read more

 1) Magistrate Can Take Cognizance Of Protest Petition After Rejecting Police Final ReportThe court added that even in a case where the final report of the police under Section 173 is accepted and the accused persons are discharged, the Magistrate has the power to take cognizance of the offence on a complaint or a Protest Petition on the same or similar allegations even after the acceptance ..read more

 In other words, such a subjective satisfaction would depend upon the materials available before the Court whatever may be its nature. The procedure adopted by the High Court in the impugned order is not mandated under Section 216 or 323 Cr.P.C. Section 323 Cr.P.C. gives a discretion to the Court to exercise its power at any stage of the proceeding before signing ..read more

A ..read more