Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Bail - Cheating - Misappropriation of huge amount of public money - Criminal conspiracy - Manner in which huge money was collected in contravention of provisions of SEBI Act and CIS Regulations and..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 6 -- Disposal of property left on Public premises - Unauthorized occupants - Persons who kept their goods in public premises whether they are tenants/licensees, sub-tenants or any other parties, S.6 of the Act applies to said persons - Estate Officer u/s 6 of the Act is entitled to sell goods even of a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 21.500 kg poppy husk - Search - Manner in which consent memo was recorded and accused was taken to residence of DSP in a public transport, the very genesis of effecting recovery at the spot was not maintained by I.O - Gazetted Officer is required to come to the spot and verify not only the..........
Indian Penal Code, 1860, Section 379, 427, 447, 504, 506, 149 -- Offence u/ss 379, 427, 447, 504, 506, 149 IPC - Property dispute between parties and civil suit pending in regard to said dispute - No cogent evidence on record to indicate possession of complainant over land - Entire case of unlawful cutting of crop thus, rendered doubtful - No independent witness was even..........
Constitution of India, 1950, Article 226 -- Writ petition - Applicability of CPC - Though CPC does not apply to writ proceedings, principles underlying therein which are founded on public policy may be extended and made applicable in writ proceedings also in the interest of administration of justice...........
Service -- Banking service - Re-fixing of salary - Salary fixed of all officers of Public Sector Banks in a no, discriminatory manner keeping in view cost of living Index - High Court committed error in law by setting aside reduction in salary of respondent under re-fixation of salary - There is reasonable basis of reduction of salary - Moreover, there was no promise ever..........
Maharashtra Police Act, 1951, Section 56(1)(a), (b) -- Incamera statements - Necessity of show cause notice - Concept of sufficiency of notice for it`s comprehension does not depend only on form of notice but also discretion or power, limits prescribed by legislature and attending facts and circumstances of the case - It must be of such nature as would be a sufficient..........
Criminal Procedure Code, 1973, Section 340 -- Object - Prosecution under this Section can be initiated only by sanction of Court under whose proceedings an offence referred to in S.195(1)(b) has allegedly been committed - Object of this Section is to ascertain whether any offence affecting administration of justice has been committed in relation to any document produced or..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 22, 29, 30 -- Bail - Offence u/ss 8, 22, 29, 30 of NDPS Act - Bail granted to accused by High Court without issuing notice to Public Prosecutor concerned - Order of High Court set aside, as there was a serious infirmity - Matter remitted back to High Court to..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Application for bringing on record sale deeds by way of additional evidence at stage of final arguments declined - Defendants were aware of sale deeds and failed to place on record - Such a lacuna cannot be permitted to be filled up - Even if documents sought to be placed on record by way of additional..........
