Vishnu S Vs Kerala State Of Kerala
.... of whether mere knowledge of the caste identity of the complainant was sufficient to attract the offence under Section 3(1)(r) of the Act. The Supreme Court held that mere knowledge of the fact that the victim is a member of a scheduled caste or scheduled tribe is not sufficient to attract Sectio ...
High Court Of Kerala
Praveen Kumar Vs State Of Kerala
.... , with particular attention, vis-avis previous disputes/cases/ complaints, etc. while considering the question of prima facie case, when considering plea for prearrest bail. In cases, where there are materials to show that the accused and the complainant are in inimical terms, and there are prev ...
High Court Of Kerala
Deepak K. Balakrishnan Vs State Of Kerala
.... e and the intention of the maker at the time of making the promise itself was not to abide by it but to deceive the woman to conceive her to engage in sexual relation is misconception of fact that vitiates the woman’s consent. On the other hand, a breach of promise cannot be said to be a false p ...
High Court Of Kerala
Gyanendra Maurya @ Gullu Vs Union Of India Thru Secy Ministry Social Justice And Empowerment, New Delhi And Others
.... g. Nothing contained in this Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force. ...
Allahabad High Court
Rajaram Patel Vs State Of CG
.... 5. I have heard learned counsel for the parties, considered their rival submissions. 6. Hon’ble Supreme Court in case of Prathvi Raj Chauhan (Supra) held as under:- “32 As far as the provision of Section 18A and anticipatory bail is con-cerned, the judgment of Mishra, J, has sta ...
Chhattisgarh High Court
Sandeep Yadav Vs State Of CG
.... ar under section 18 of the Special Act would operate and therefore, the appeal may be dismissed. On 07.11.2022 in camera proceedings the complainant had also objected for grant of anticipatory bail. 5. I have heard learned counsel for the parties, considered their rival submissions. 6 ...
Chhattisgarh High Court
Madhavankutty Vs State Of Kerala
.... ence under Section 3(1)(s) of the SC/ST Act and therefore, the bar under Section 18 and 18A would apply. 8. In the decision reported in [2020 (2) KHC 423 : AIR 2020 SC 1036 : (2020) 4 SCC 727 : MANU/SC/0157/2020], Prathvi Raj Chauhan v. Union of India(UOI) & Ors., a 3 Bench of the Apex ...
High Court Of Kerala
Kailash Vs State Of U.P.
.... S.439 and S.438 is that an order of anticipatory bail under S.438 insulates a person arrested from custody while an order of bail under S.437 or 439 enables him to be released from custody. 10. The Advanced Law Lexicon, 3rd Edition defines "bail" as under: "Bail means t ...
Allahabad High Court
Nagarathna Vs State Of Karnataka & Others
.... d petition on the ground that specific overt acts are attracted to the appellant to attract the provision of Section 3(1)(j) of the SC/ST (POA) Act and Sections 18 and 18A of the SC/ST (POA) Act bar grant of anticipatory bail in such cases. 8. As per the Investigating Officer’s requisition ...
Karnataka High Court At Bengaluru
Thasleem Vs State Of Kerala
.... f anticipatory bail application on account of bar under Section 18A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the appellant/first accused came up. There is disclosure of the offence under the special enactment in the FIS and the FIR, which would prima ...
High Court Of Kerala
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