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Articles for Section 353

Supreme Court Weekly Round-up: December 30, 2024 To January 05, 2025
2 days, 21 hours ago

Supreme Court Weekly Round-up: December 30, 2024 To January 05, 2025

Live Law  

Index Citations Union of India & Ors. Case Details: Shri Mukund Bhavan Trust and Ors v. Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle and Another, Arising out of SLP No.18977 of 2016) Citation: 2024 LiveLaw 1041 The Supreme Court set aside an order passed by the High Court of Bombay dated April 26, 2016. The bench comprising Justice Dipankar Datta …

India Karnataka Delhi Supreme Court High Court Court Uttar Pradesh
Know The Law | Why Police Require Magistrate's Approval To Investigate Non-Cognizable Offences? Supreme Court Explains
3 days ago

Know The Law | Why Police Require Magistrate's Approval To Investigate Non-Cognizable Offences? Supreme Court Explains

Live Law  

The Supreme Court stated that police could immediately investigate serious crimes classified as cognizable after receiving information. The Bench of Justices B. V. Nagarathna and Nongmeikapam Kotiswar Singh explained that when it comes to non-cognizable offences, our criminal justice system has put certain safeguards in place to keep the coercive power of police in check. It must be preceded by …

Law Supreme Court Court Criminal Public Servant Public Fir
When FIR Omits Crucial Facts & They Are Added Later Through S.161 CrPC Statements, It Indicates Afterthought : Supreme Court
6 days, 1 hour ago

When FIR Omits Crucial Facts & They Are Added Later Through S.161 CrPC Statements, It Indicates Afterthought : Supreme Court

Live Law  

The Supreme Court has held that subsequent mentioning of crucial facts, which the complainant could have stated at the time of lodging of the FIR itself, would raise doubts as it indicates an afterthought.The omission of crucial facts in the FIR cannot be supplemented through witness statements under Section 161 CrPC, the Court held. The Supreme Court has held that …

Court Criminal Public Servant Assault Case Statements Ipc
'Apprehension' Of Criminal Force Caused By Accused's Gestures Sufficient To Constitute Assault: Jharkhand HC Upholds Conviction U/S 353 IPC
1 month, 2 weeks ago

'Apprehension' Of Criminal Force Caused By Accused's Gestures Sufficient To Constitute Assault: Jharkhand HC Upholds Conviction U/S 353 IPC

Live Law  

The Jharkhand High Court has ruled that the actual use of criminal force is not a condition precedent to attract the offence of assault defined under Section 351 of the IPC, which is punishable under Section 353 applicable. The bench of Justice Anubha Rawat Choudhary, presiding over the case, noted that Section 353 IPC deals with crimes arising from assault …

Court Criminal Assault State Accused Ipc Public
Lawyer Cannot Be Booked For Asking On-Duty CBI Officers For Their Identity Cards: Bombay High Court
1 month, 2 weeks ago

Lawyer Cannot Be Booked For Asking On-Duty CBI Officers For Their Identity Cards: Bombay High Court

Live Law  

An advocate cannot be booked for 'obstructing' a government servant from discharging his duty, just because he asks a team of CBI officers, conducting raid/search operations, to show their Identity Cards, the Bombay High Court held on Thursday.Single-judge Justice Milind Jadhav discharged two advocates and a law intern, who were booked in 2007. An advocate cannot be booked for 'obstructing' …

Law Identity Court Bombay High Court Applicant Case Judge
Waving Black Flag To A Person Neither Defamation Nor An Illegal Act: Kerala High Court Quashes Case For Protesting Chief Minister's Convoy
1 month, 2 weeks ago

Waving Black Flag To A Person Neither Defamation Nor An Illegal Act: Kerala High Court Quashes Case For Protesting Chief Minister's Convoy

Live Law  

The Kerala High Court has stated that showing or waving a black flag at a person cannot be perceived as a defamatory or illegal act to attract an offence under Section 499 of the IPC. Even if a black flag was shown to the Chief Minister's convoy, such conduct cannot by any stretch of the language of section 499 IPC …

Court Defamation Black Protest Flag Ipc Public
Merely Being In Uniform Does Not Attract S.353 IPC: Kerala High Court Grants Anticipatory Bail To Lawyers Accused Of Assaulting Police Officer
2 years, 6 months ago

Merely Being In Uniform Does Not Attract S.353 IPC: Kerala High Court Grants Anticipatory Bail To Lawyers Accused Of Assaulting Police Officer

Live Law  

The Kerala High Court allowed the anticipatory bail application moved by two lawyers accused of assaulting a police officer in uniform while he was at the Court in relation to an ongoing enquiry against him. Kunhikrishnan decided to allow the plea upon suspecting that they were booked under Section 353 of the Indian Penal Code in a deliberate attempt to …

Court Kerala High Court Lawyers Ipc High Officer Alleged
No Guidelines In IPC For Awarding Rigorous/ Simple Imprisonment, Discretion Must Be Exercised Based On Mitigating & Aggregating Factors: Jharkhand HC
2 years, 8 months ago

No Guidelines In IPC For Awarding Rigorous/ Simple Imprisonment, Discretion Must Be Exercised Based On Mitigating & Aggregating Factors: Jharkhand HC

Live Law  

The Jharkhand High Court recently held that though the Indian Penal Code does not provide any guideline as to when a person may be directed to undergo simple imprisonment or rigorous imprisonment, however, the Court while passing an award must exercise its discretion judiciously. "Section 353 IPC provides that the offender shall be punished with imprisonment of either description for …

Court Punishment Ipc Sentence Two Years Petitioner Imprisonment
Simply Because Police Officer Is In Uniform When He Is Assaulted, Offence Of Assaulting Public Servant Will Not Attract: Kerala High Court
3 years, 8 months ago

Simply Because Police Officer Is In Uniform When He Is Assaulted, Offence Of Assaulting Public Servant Will Not Attract: Kerala High Court

Live Law  

In a bail order on Tuesday, the Kerala High Court raised the question as to whether charges of assaulting a public servant in lawful discharge of his duty would lie when the officer assaulted was attending an inquiry. Justice Kunhikrishnan was hearing an anticipatory bail application moved by two lawyers, who were part of a group that allegedly assaulted a …

Kerala High Court Court Bail Public Servant Ipc Officer
Kerala HC Grants Bail To Advocate Clerk Accused Of Interrupting Family Court Proceedings
4 years, 5 months ago

Kerala HC Grants Bail To Advocate Clerk Accused Of Interrupting Family Court Proceedings

Live Law  

The Kerala High Court has granted bail to an Advocate clerk in a case registered on the basis of a complaint by a Family Court Judge that he had interrupted the Court proceedings and had used filthy language at a police constable.Based on the complaint of the judge, the police had registered a case against the clerk, alleging Sections 353, …

Family Court Family Court Bail Case Judge Ipc
Applicant Behaved Irresponsibly; Bombay HC Directs Man To Pay 10K To CM Relief Fund For Obstructing Health Workers Collecting Covid-19 Data [Read Order]
4 years, 8 months ago

Applicant Behaved Irresponsibly; Bombay HC Directs Man To Pay 10K To CM Relief Fund For Obstructing Health Workers Collecting Covid-19 Data [Read Order]

Live Law  

The Bombay High Court on Tuesday granted bail to a man accused of obstructing a team of health workers constituted for collecting data regarding the pandemic of Covid-19, observing that he acted in an 'irresponsible manner' and directed him to pay Rs.10,000 to Chief Minister's Relief Fund. Justice Bharati Dangre heard the bail application filed by 55-year-old Zafar Jamal Khan, …

Bail Man Applicant Fir Read Health Workers Bombay
Auto LPG Stations Required To Get Trade License From Municipality: Karnataka HC [Read Order]
5 years, 7 months ago

Auto LPG Stations Required To Get Trade License From Municipality: Karnataka HC [Read Order]

Live Law  

Karnataka High Court held in Sipani Energy Ltd v The Commissioner BBMP that the auto LPG stations are required to get the trade license from Municipality. Bench of Justice Sunil Dutt Yadav passing the order said that it is settled that the purpose and the frame of an enactment must be kept in mind while interpreting its provisions and going …

Trade Court Application Act Noc His Business License