Articles for Section 320

Rajasthan HC Rejects Challenge To Appointment Of Administrator For 49 Municipalities After Expiry Of Tenure Of Existing Elected Members
2 weeks, 4 days ago

Rajasthan HC Rejects Challenge To Appointment Of Administrator For 49 Municipalities After Expiry Of Tenure Of Existing Elected Members

Live Law  

The Jodhpur bench of the Rajasthan High Court dismissed a plea seeking quashing of a state notification for appointment of Administrator/Authority of 49 municipalities to look after the day-to-day work of these municipalities, following the expiry of tenure of the existing elected members. In doing so the court ruled that Section 320 of Rajasthan Municipalities Act 2009, empowered the State …

Rajasthan Act Authority Municipalities Established Municipality Section 320
Be Careful Of Complaints Filed By Parties To Judicial Proceedings To Settle Personal Scores: Karnataka High Court To BBMP
1 year, 11 months ago

Be Careful Of Complaints Filed By Parties To Judicial Proceedings To Settle Personal Scores: Karnataka High Court To BBMP

Live Law  

The Karnataka High Court has advised the Bruhat Bengaluru Mahanagara Palike to be careful with complaints made by a party to a civil proceedings against its opponent, and initiate action only in accordance with law. The bench advised “The Corporation to be careful in these situations and take necessary action in accordance with law and not to be used as …

Action Court Building Complaint Corporation Kar Bbmp
The Constitutional Courts Cannot And Should Not Quash An "FIR" During The Investigation Stage
2 years, 5 months ago

The Constitutional Courts Cannot And Should Not Quash An "FIR" During The Investigation Stage

Live Law  

Even with regard to matters pending before a criminal court, the power u/s 482 Cr.P.C. If the "information" given provides the police officer empowered under Section 156 Cr.P.C "a reason to suspect" the commission of a cognizable offence, he has no option except to record the information and proceed to investigate the case either himself or depute any other competent …

India Karnataka Kerala Delhi High Court Investigation Court
S.320 CrPC Not Bar To Power U/S 482 For Quashing Non-Compoundable Offences In Appropriate Cases: Himachal Pradesh High Court
2 years, 7 months ago

S.320 CrPC Not Bar To Power U/S 482 For Quashing Non-Compoundable Offences In Appropriate Cases: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has reiterated that if for the purpose of securing the ends of justice quashing of FIR is necessary, then Section 320 of CrPC would not be a bar to exercise of powers under Section 482 of the Code qua non-compoundable offences. Justice Bhushan Barowalia noted: "If for the purpose of securing the ends of justice, …

Justice Court Power Fir Himachal Pradesh Petitioner Section 482
'Non Compoundable' Criminal Cases Of Predominantly Private Nature Can Be Quashed U/s 482 CrPC Even If Compromise Is Reached After Conviction: Supreme Court
3 years, 5 months ago

'Non Compoundable' Criminal Cases Of Predominantly Private Nature Can Be Quashed U/s 482 CrPC Even If Compromise Is Reached After Conviction: Supreme Court

Live Law  

The Supreme Court observed that a High Court can quash criminal proceedings in exercise of its inherent powers under Section 482 Cr.P.C., even if the offences are non-compoundable and the compromise is reached after conviction.The bench headed by CJI NV Ramana added that criminal proceedings involving non-­heinous offences or where the offences are predominantly of a. The Supreme Court observed …

Nature Justice Supreme Court Constitution Court Criminal Criminal Proceedings
Power Of Compounding Must Be Expressly Conferred By Statute Which Creates Offence: Supreme Court
3 years, 7 months ago

Power Of Compounding Must Be Expressly Conferred By Statute Which Creates Offence: Supreme Court

Live Law  

The power of compounding must be expressly conferred by the statute which creates the offence, the Supreme Court observed in a judgment passed today.The bench of Justices DY Chandrachud and MR Shah observed that in respect of offences which lie outside the Indian Penal Code, compounding may be permitted only if the statute which creates the offence contains an express …

Supreme Court Judgment Court Courts Ipc Act Bench
SEBI Act Section 24A: SEBI To Be Heard By Courts In Compounding Offences Even If Its Consent Not Mandatory, Observes Supreme Court
3 years, 8 months ago

SEBI Act Section 24A: SEBI To Be Heard By Courts In Compounding Offences Even If Its Consent Not Mandatory, Observes Supreme Court

Live Law  

"The SEBI is not a regular complainant, it is the custodian of the investors' interests, it is a regulatory body! The bench of Justices Chandrachud and MR Shah was considering an SLP arising out of an April, 2019 order of the Delhi High Court by which the petitioner's application under Section 24A of the SEBI Act for compounding of offences …

Consent Justice Court High Shah Proceedings Sebi
Grant Of Leave For Compounding Offences At Appellate Stage Is Not Automatic On Settlement Between Accused & Victim: Supreme Court
4 years, 1 month ago

Grant Of Leave For Compounding Offences At Appellate Stage Is Not Automatic On Settlement Between Accused & Victim: Supreme Court

Live Law  

The grant of leave as contemplated by Section 320 of the Code of Criminal Procedure is not automatic nor it has to be mechanical on receipt of request by the accused which may be agreed by the victim, the Supreme Court observed.The bench comprising Justices Ashok Bhushan and Ajay Rastogi observed thus while rejecting a plea seeking compounding of offences …

Supreme Court Court Victim Accused Leave Bench Grant
COVID-19 : Penal Laws For Enforcing Pandemic Protocols [Explainer]
4 years, 11 months ago

COVID-19 : Penal Laws For Enforcing Pandemic Protocols [Explainer]

Live Law  

Many states in the country have declared lockdown as a precautionary measure to curb the transmission of COVID-19 pandemic.These orders are imposed invoking the powers under Epidemic Diseases Act, 1897 and Disaster Management Act 2005. Section 3 of the Epidemic Diseases Act 1897 states that violation of regulations issued under the Act will be an offence under Section 188 IPC. …

Court Criminal Criminal Procedure Ipc Fir Act Code
Inflicting Mediation on Rape Victim is Judicial Delinquency
9 years, 8 months ago

Inflicting Mediation on Rape Victim is Judicial Delinquency

The Quint  

Justice Devdass draws maximum strength from the apex court’s 2012 ruling in the Gian Singh case, saying that it allows high courts to use their inherent powers under Section 482 of the Code of Criminal Procedure to direct cases for compromise. In Gian Singh, the court categorically stated that grievous offences such as rape, murder, or corruption allegations cannot be …

Court Case Singh Offences Section 482 Gian Singh Section 320
Supreme Court maintains stand on quashing of FIR when parties settle [Read the Judgment]
10 years, 6 months ago

Supreme Court maintains stand on quashing of FIR when parties settle [Read the Judgment]

Live Law  

The Supreme Court held that FIR can be quashed under S. 482 CrPC and Art. Strictly speaking, the power of compounding of offences given to a court under Section 320 is materially different from the quashing of criminal proceedings by the High Court in exercise of its inherent jurisdiction. In compounding of offences, power of a criminal court is circumscribed …

Justice Supreme Court High Court Judgment Court Criminal Parties
Supreme Court issues fresh guidelines on quashing of proceedings of a non-compoundable offence on the basis of settlement between the parties. [Read the Judgment]
10 years, 11 months ago

Supreme Court issues fresh guidelines on quashing of proceedings of a non-compoundable offence on the basis of settlement between the parties. [Read the Judgment]

Live Law  

A Supreme Court bench of Justice K.S.Radhakrishnan and Justice A.K.Sikri has issued fresh guidelines on quashing of criminal proceeding of a non-compoundable offence by using the inherent powers of High Court under Section 482 of Criminal Procedure Code, on the basis of a settlement between the parties. Once, it is found that compounding is permissible only if a particular offence …

Justice Supreme Court High Court Court Criminal Cases Parties