Bombay High Court
Case BriefsHigh Courts

By a saving clause, which is construed to be an internal aid for the purpose of construction of a statute, saves the provisions of the old Code/repealed Code, i.e, in the present case, Criminal Procedure Code, 1973, for certain categories of investigation, inquiry, appeals, application, etc.

Bombay High Court
Case BriefsHigh Courts

The Export Promotion Council of India is merely a facilitator in promoting exports of pharmaceutical products, and the RMCC is a facilitator for the Customs officials in the enhancement of security; the non-provision of the Notification by them was not a justification for the applicant’s non-compliance.

Bombay High Court
Case BriefsHigh Courts

The Court referred to Niranjan Singh v. Prabhakar Rajaram Kharote (1980) 2 SCC 559, wherein it was explained that no lexical dexterity nor precedential profusion is needed to come to the realistic conclusion that he who is under the control of the court or is in the physical hold of an officer with coercive power is in custody for the purpose of Section 439, CrPC.

Delhi High Court
Case BriefsHigh Courts

The Delhi High Court opined that true justice, and the ends of justice would not be served by quashing the FIR without a trial, but by conducting a trial to fairly ascertain the real culprit, whether it be the accused or the complainant.

Condonation of Delay under BNSS
Case BriefsHigh Courts

The Court was of the view that the petition and the accompanying application seeking an extension of time were filed and registered in the registry of this Court when CrPC, 1973 was in force, hence, the matter would fall under the scope of Section 531(2)(a) and this petition should be adjudicated through the provisions of CrPC, 1973.

Allahabad High Court
Case BriefsHigh Courts

“There is clear distinction between rape and a consensual sex. The Court in such cases carefully examined whether accused actually wanted to marry victim or had a malafide motive and had made a false promise to this effect to satisfy his lust, as latter false ambit of cheating or deception. There is a distinction between breach of promise or not fulfilling the promise.”

Bombay High Court
Case BriefsHigh Courts

The Court reiterated that “investigation is the exclusive privilege and prerogative of the police which cannot be interfered with. But if the police does not perform its statutory duty in accordance with law or is remiss in the performance of its duty, the court cannot abdicate its duties on the precocious plea that investigation is the exclusive prerogative of the police.”