Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 307 -- Discharge - Attempt to murder - All four injured persons received injuries on the skull - Repeated blows were rained on the head of injured by accused which is sort of murdering the victims - Injuries were inflicted with significant force and went up to depth of bone - Therefore, discharge..........
Criminal Procedure Code, 1973, Section 227, Central Excise Rules, 1944, Rule 56A -- Discharge - Evasion of duty - Omission of procedural rule for availing credit - Cannot affect the charge as it applies to future action and not to continuing action - Prosecution cannot be deprived of opportunity to prove offence of evasion - Order quashing charge merely on ground of R.56-A..........
Constitution of India, 1950, Article 226, 227, Chhattisgarh High Court (Appeal to Division Bench) Act, 2007, Section 2(1) -- Writ appeal - Maintainability - Quashing of criminal proceedings - Single judge decided petition of accused filed under Art.226 of Constitution and not under Art.227 of Constitution - Therefore, writ appeal against order of single judge maintainable...........
Constitution of India, 1950, Article 226, 227 -- Writ petition - Whether falls under Arts.226 or 227 of Constitution - Paramount consideration are: (i) nature of controversy; (ii) nature of jurisdiction invoked; and (iii) nature of findings reflected in final order...........
Constitution of India, 1950, Article 226, 227 -- Writ petition Maintainability - Merely because order under challenge is arising out of Subordinate Court does not automatically make it petition under Art.227 of Constitution...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420 -- Discharge - Cheating - Allegation that false assurance was given by appellant and his father to complainant - However, ingredients of S.420 IPC not made out either from FIR or from any other material on record - In the FIR allegation of making assurance was made against father of accused -..........
Constitution of India, 1950, Article 227 -- Writ of mandamus - Recruitment - Petitioner was awarded 8 marks for being daughter-i, law of village, 45 marks for her educational qualification and 8 marks in interview, thereby totalling 61 marks - Respondent having obtained 8 marks for being daughter-i, law, 45 marks for her educational qualification and 7 marks in interview,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Constitution of India, 1950, Article 227 -- Revisional jurisdiction - When applications for interim injunction and interim mandatory injunction are dismissed by trial Court and the said order is also confirmed by Appellate Court, revisional Court would not normally interfere with such orders - The jurisdiction of revisional..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 11, 12, 13(2), 13(i)(d) -- Discharge - Misappropriation of public funds of bank by charted accountant/accused - Accused exonerated by Disciplinary Committee constituted under Chartered Accountants Act looking into the..........
Civil Procedure Code, 1908, Order 26, Rule 9, Constitution of India, 1950, Article 227 -- Application for appointment of local commissioner dismissed - Revision under Art.227 of Constitution - Not maintainable except in exceptional circumstances...........