...Prosecutor drew the attention of this Court to Section 357(5) of Criminal Procedure Code which is as follows : "At the time of awarding co... 4.The State of Tamil Nadu Represented by its Secretary, The District Legal Services Authority, District Court Buildings, Virudhunagar. 5.The...been registered as FIR in Crime No.17 of 2020 under Sections 417, 109 IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. 3...

...rising of the Court and directed the applicant to pay a sum of Rs. 45,000/- by way of compensation to the Corporation as provided for under Section 357(3) of the Code of Criminal...amount which has been deposited by the applicant has been received by the Corporation. Section 357(5) of the Code of Criminal Procedure provides that a...proceedings initiated for recovery of the amount due from the applicant. Even though Section 357(5) of the Code of Criminal Procedure may not ...

...the magistrates before whom such cases are filed hereafter will, before passing an order under Section 357 of the Code of Criminal Procedure, 1973 in favour ...proprietory firm of the deceased father of defendant No. 1. It was also not a suit within the scope and ambit of section 357(5) of the Criminal Procedure ...under section 357 of the Criminal Procedure Code. Therefore, the aforesaid compensation would have been taken into...

...case does not bar filing of Civil Suit to claim compensation. On the contrary, filing of Civil Suit for claiming compensation is saved by Section 357(5) of the Code of ...this Section. Thus while Civil Suit is not barred, compensation granted in the criminal case has to be taken into consideration while assessing the quantum of compensation in the Civil Suit.... 2, Krishan Pal-plaintiff No. 5 and Shish Pal-plaintiff No. 6. However suit on behalf of plaintiffs No. 2, 5 and 6 was dismissed as withdrawn and the suit proceeded on behalf of plaintiffs No. 1, 3...

...amount of rupees 2.10 lakh had already been deposited by the appellant in criminal proceedings. The Court relied upon section 357(5) of the Code of Criminal ...(Cri) 235 : (2013) 1 SCC (L&S) 688] , in which Section 154(2) of the Code of Criminal Procedure 41...made to Order VIII Rule 1 of the Code of Civil Procedure, 1908 ["CPC"] which closes the right of defence after a certain period of limitation is over, which is to be contrasted with section 13 of...

...claim as provided under Section 357(5) of the Code of Criminal Procedure does not arise. 8. We have gone through the evidence adduced by PW1 and DW... RFA No.386/2010 4 appellant to pay compensation of `4,00,000/- to the respondent, the same was not paid. Therefore, adjustment of that amount towards the suit...the date of the plaint till the realisation of amount. In consonance with the power under Section 34 of the Code of Civil Procedure, we modify the decree in the following terms...

...filing a suit on the basis of the cheque and other documents as provided under Section 357(5) of Code of Criminal Procedure. So, the revision ...complainant as compensation under Section 357(1)(b) of Code of Criminal Procedure. Aggrieved by the same, he filed Crl. Appeal. No. 303/2010 before the Sessions Court...three months and directed the fine amount if realised be paid to the complainant as compensation under Section 357(1)(b) of Code of Criminal Procedure, the appellate court had...

...view the provisions of Section 20 (2) of the Depositories Act, as well as Section 357 (5) of the Code of Criminal Procedure,...this case, as contemplated by JUDGMENT : 16 : SEBI. Spl.No. 359/2014 Section 357 (5) of the Code of Criminal Procedure. An amount of Rs. 50,000/ (Rs. F...compensation, by a Demand Draft or Pay Order, which amount shall be taken into consideration by Recovery Officer of SEBI, recovering Penalty/Compensation under Section 19IB of the Depositories Act in...

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...under Section 357(5) of the Code of Criminal Procedure and under Section 141(3) of the Motor Vehicles Act. 11. In...necessary, to proceed under Section 173(8), Criminal Procedure Code. But in case the court is satisfied that there is prima facie proof against the person against whom...respect of further investigation shall be considered to be an order made under Section 173(8), Criminal Procedure Code. 19. From the reading of the...

...the payment made as compensation in the criminal case, cannot be entertained. If we go by Section 357(5) of the Code of Civil Procedure, any compensati...taken place. Case canvassed by the judgment debtor for the relief as aforesaid in his petition is primarily based on his plea that in a criminal proceeding initiated earlier against him over a...criminal court can be sought to be adjusted in a decree arising from some transaction. Such a course is open only before passing of the decree and not at a later stage. Even assuming some equitable...

...Section 452 of the Code of Criminal Procedure, 1973 (hereinafter referred to in short as 'the Code') and possession under Section ...court commissioner fees as directed by this court, as per Income Tax Act. Sect 132 (5)(iii). B. And, as per the criminal procedure code sec. 396 as stated...dismissed by an order dated 31.01.2009 and the order of the Court of Magistrate came to be confirmed. The Court also confirmed the order of the Magistrate pertaining to return of gold ornaments under...

...over. Apart from the fact that such an order is just, it is also in consonance with the statutory recognition of this principle of adjustment provided in section 357(5), Criminal ..., in the enforcement of the private law remedy in tort, nor come in the way of the criminal Court ordering compensation under section 357 of Code of Criminal Procedure...section 141(3) of the Motor Vehicles Act, 1988.”8. In the case of D.K Basu v. State of W.B, (1997) 1 SCC 416...

...case against him, the petitioner contended that by reason of Section 428 of the new Code of Criminal Procedure, which came into force from April 1, 1974, the period of detention from November 10, 1971...Court took the view that since the conviction of the petitioner by the Sessions Court had taken place prior to the coming into force of the new Code of Criminal Procedure, Section 428 had no....3. We reach the same conclusion also by a different process of reasoning. Sub-section (1) of Section 484 repeals the old Code of Criminal Procedure. But sub-...

...offences. The District Services Legal Authority, Nashik has been directed to make an enquiry and pay compensation under Victim Compensation Scheme envisaged under Section 357(a) of the Criminal Procedure ...120B of the Indian Penal Code and were sentenced to death. The Learned Sessions Judge, Nashik, thus submitted the proceedings to this Court under Section 366 of the Criminal Procedure Code, for...were found in Darandale Vasti at the instance of this accused and accused no.2 on 2nd January, 2013. When this accused was examined under Section 313 of the Code of Criminal Procedure...

.... Considered the submissions. By a plain language of Section 357(5) Cr.P.C., the suit before the Civil Court for payment of compensation does not put any bar. ...Appellate Court but the fine amount was imposed on the present appellant- defendant and that fine amount was directed to be given to the plaintiff- respondent as compensation in terms of Section 357...Cr.P.C. and after having got an order in his favour in terms of Section 357 of Cr.P.C., the suit for compensation is barred because it amounts to double jeopardy...

...passed between the parties. It is also pertinent to note that Section 357(5) CrPC says that at the time of awarding compensation in any subsequent civil suit relating to the same matter, the court...unnatural death of the daughter of the respondent and thus the appellant was liable for the offence under Section 304-B of the Indian Penal Code. At the time of marriage, household articles, clothes, gold...the same day which was registered as FIR No. 139 of 1999 under Section 307 read with Section 34 of the Indian Penal Code, against Arun Garg, his father Sham Lal Garg, mother Shimla Garg and sister...

...is also in consonance with the statutory recognition of this principle of adjustment provided in Section 357(5) CrPC and Section 141(3) of the Motor Vehicles Act, 1988...resulting in his death, for which the respondents are responsible and liable.5. To avoid this obvious and logical inference of custodial death, the learned Additional Solicitor....(5) Laceration 1″ × ½″ on the anterior aspect of middle of left arm, fractured bone protruding.(6) Laceration 1″ × ½″ on medial aspect of left thigh 4″ above the...

...unless, for special reasons to be recorded in writing, it considers it necessary so to do, or unless it has made an order for the payment of expenses or compensation out of the fine under Section 357.”5. In...Section 125(3) of the Code for recovery of the amounts due. By the impugned order, the learned Magistrate, over-ruling the objections of the husband, has directed attachment of the.... Sub-section (3) of Section 125 of the Code provides that “if the person concerned fails without sufficient cause to comply, with the order” the Magistrate may…. “issue a warrant for levying the...

...compensation out of the fine under Section 357". 5. In the instant case, the learned Magistrate taking recourse to clause (a) of sub-section (1) of section 421 h...section 421(1)(a) to attach future salary and to withdraw the amount to the criminal court. The provisions contained in Chapter 9 of the Code enable the discarded wives, the deserted children and aged...applied to the court under section 125 (3) of the code for recovery of the amounts due. By the impugned order the learned Magistrate, over-ruling the objections of the husband...