The inherent powers under Section of the Code are of a wide magnitude and are not as limited as the power under Section At the initial stage of framing of a charge, the court is concerned not with proof but with a strong suspicion that the accused has committed an offence, which, if put to trial, could prove him guilty.
Explaining the limitations and scope of Section A, the Court referred to "inherent jurisdiction", "to prevent abuse of process" and "to secure the ends of justice" which are terms incapable of having a precise definition or enumeration, and capable, at the most, of test, according to well-established principles of criminal jurisprudence.
But even then the much lighter in comparison Nayi Laila Neya Majnoon was able to hold its ground. There could be cases where the circumstances created by the accused are such that a person feels totally frustrated and finds it difficult to continue existence. To put it simply, normally the court may not invoke its power under Section of the Code where a party could have availed of the remedy available under Section of the Code itself.
The revision petition is thus partially allowed. If the scales of pan as to the guilt or innocence of the accused are something like even, at the conclusion of the trial, then, on the theory of benefit of doubt the case is to end in his acquittal.
The Investigating Officer recorded the statement of her son Amit Kapoor and on 5. It is further argued by the Ld. It is the cardinal principle of criminal law that in case of special laws, where the 8 special law is silent, provisions of the general law, which in the present case is the Cr.
With reference to the facts of the case, the Court held that in the absence of any other method, it has no choice left in the application of the Section except, such tests subject to the caution to be exercised in the use of inherent jurisdiction and the avoidance of interference in details and directed providing of a legal practitioner.
It is possible and if the Court believes the version given by the prosecution and finds that there was actual sale of property in favour of the accused, as alleged by him, in that event, the Court may acquit them of not only the offence under Section IPC but under Section IPC also.
It includes both the person who abets either the commission of an offence or the commission of an act which would be an offence. Neither Khan nor any KKR official could be reached for comment. On the other hand, Section is based upon the maxim quandolex liquid alicuiconcedit, conceder videtur id quo res ipsa esse non protest, i.
But if, on the other hand, it is so at the initial stage of making an order under Section or Sectionthen in such a situation ordinarily and generally the order which will have to be made will be one under Section and not under Section Where the exercise of such power is absolutely essential to prevent patent miscarriage of justice and for correcting some grave error that might be committed by the subordinate courts even in such cases, the High Court should be loathe to interfere, at the threshold, to throttle the prosecution in exercise of its inherent powers.
The period of limitation as prescribed under Rule 30 in second Schedule of the Act is pari materia in Rule 29 in first Schedule of the Act. This presumption is not a presumption of law as such. Salman Khan is the second highest paid Bollywood actor as per Forbes Salman reportedly takes Rs 11 crore to host Bigg Boss 'Salman doesn't come that cheap,' said channel boss Salman Khan may not reveal his salary for hosting reality show Bigg Boss 11 which is reportedly Rs 11 crore but the year-old actor did reveal that he earned Rs 75 for his first ever gig no, not Biwi Ho To Aisi.
Before examining the merits of the present case, we must advert to the discussion as to the ambit and scope of the power which the courts including the High Court can exercise under Section and Section of the Code.
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In both the cases not ony was the accused named in the suicide note but they were also cited as the reason for committing suicide by the deceased. It is also alleged that when the deceased asked the accused as to when she will get rid of this problem, he is said to have replied that she could get rid of this only after her death.
The learned APP may perhaps be correct in his submission that the agreement to sell dated In other words, instigation has to be gathered from the circumstances of the case. Part comic, part Charlie Chaplin, part romantic hero and part serious actor made up the whole of Syed Kamal that we as fans came to know and will not forget easily.
It was his submission that merely because the petitioner- accused is named in the suicide note and has been referred to as the reason which propelled the deceased to take the extreme step of suicide, it would still not fall within the realm of Section of the IPC.
Section IPC defines abetment of a thing. At one point, PTAC leadership requested clarification on the MACRA law at a House subcommittee hearing in Novembernoting that the statute was "silent" on whether its members could provide technical support.
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