Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 506 -- Anticipatory bail - Cheating - Petitioner directly approached High Court for seeking anticipatory bail - Reasons for the same are that petitioner belongs to State of U.P and case registered in State of Haryana, all male members of his family are involved in the case and..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14 -- Cognizance of offence - Magistrate had no jurisdiction to take cognizance of offence under SC/ST Act in view of amendment Act 2015 - Only Special Court established u/s 14(1) of the Act shall have power to directly take cognizance under the SC/ST Act...........
Family Courts Act, 1984, Section 7 -- Jurisdiction of Family Court - Dissolution of marriage - Provisions contained under Hindu Marriage Act, Special Marriage Act, Christian Marriage Act and Divorce Act are not applicable to the case - It is thus, open to husband to invoke jurisdiction conferred upon Family Court u/s 7 of the Act by filing suit for declaration invoking..........
Marriage -- Two individuals consenting to marry - Dictates of Khap Panchayat/Local community/Family - Guidelines issued : Preventive Steps - (a) State Governments should forthwith identify Districts, Sub-Divisions and/or Villages where instances of honour killing or assembly of Khap Panchayats have been reported in recent past, e.g., in the last five years; (b) Secretary,..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14 -- Special Court - Exclusive Special Court and Special Court shall exercise original jurisdiction to take cognizance of offence under SC/ST Act and proceed with trial of case not being hindered by S.193 Cr.P.C...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14 -- Special Court - Court of Session shall be notified as Special Court under the Act - Magistrate is not special Court within the meaning of S.14 of the Act, therefore, Magistrate has no jurisdiction to entertain and take cognizance of offence under the Act - Order of cognizance of..........
Drugs and Cosmetics Act, 1940, Section 36(AB)(as -- Special Court - Manufacturing/sale of spurious and misbranded drugs - Petitioners were charge sheeted when amendment to S.36(AB) already came into force - S.36(AB) of the Act provides trial of offences relating to spurious drugs by `Special Courts' only - Trial Court failed to notice the amended provision and should have..........
Drugs and Cosmetics Act, 1940, Section 36(AB)(as -- Special Court - Manufacturing/sale of spurious and misbranded drugs - Trial held to be nullity and non est being conducted by Court having no jurisdiction - Complaint pertains to 2007 and 11 years have already elapsed since institution of complaint - Petitioners cannot be held responsible for long trial because..........
Electricity Act, 2003, Section 126, 127, 135 -- Unauthorised use of electricity - Civil suit for declaration - Maintainability - Declaration of demand notice in respect of electricity connection installed in premises of plaintiff as illegal, null and void - Plaintiff is involved in abstraction of electricity with dishonest intention without authorization - Therefore, order..........
Forest Act, 1927, Section 52, 52A, 52C, 54, Criminal Procedure Code, 1973, Section 482 -- Forest produce - Illegal transportation - Seizure of vehicle - Release of vehicle - Jurisdiction of Court u/s 482 Cr.P.C. - Court cannot order release of vehicle in exercise of power u/s 482 Cr.P.C. as once vehicle is seized with reason to believe that it has been used in committing..........
