Land Acquisition Act, 1894, Section 12 -- Acquisition of land - Notice of award - Validity - Held, as per S.12 of the Act, Collector can give notice prior to announcement of award giving date on which award is to be announced - Collector can also give notice after award is announced to give notice to persons who were not present at the time of announcing of award - In..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Grounds set out for refusal of bail on behalf of prosecution appears to be quite unjustified and flimsy - Allegations of tampering of evidence also do not appear to be so grave and serious as has been made out - On a perusal of case diary, it is found that no reason has been recorded as to why..........
Criminal Procedure Code, 1973, Section 227 -- Application for discharge - Dismissal - Legality - It is alleged that adulterated and intoxicated drugs in 24 bags were recovered from possession of revisionists and after investigation, charge sheet for offences punishable u/ss 274, 275, 276, 419, 420, 411 IPC and 18/27 of Drugs and Cosmetics Act and 8/21 of NDPS Act was..........
Criminal Procedure Code, 1973, Section 173(8) -- Second SIT - Investigation by - Legality - Any investigation done by second SIT is beyond jurisdiction and power of investigating agency and not permissible as per provisions of Cr.P.C. - If it was only a further investigation then why it could not be entrusted to previous SIT - Investigation and trial in this case where..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) treated as complaint - Statement u/ss 200 and 202 Cr.P.C. recorded - Thereafter Magistrate observed that investigation by police appears to be necessary ordered police investigation - It was a case of gang rape triable by Sessions Judge exclusively - Impugned order quashed - Magistrate directed to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of contraband - Chemical examination - Failure to sent sample within 72 hours - Effect - Instruction No.1-88 dated 15.03.1988 issued by Narcotics Drugs Control Bureau that sample must be deposited to laboratory within 72 hours of its seizure - Held, no sanctity of law can be attached to such..........
Constitution of India, 1950, Article 21, 22 -- Copy of FIR - Direction to upload on website - Held, copies of the FIRs, unless reasons recorded regard being had to the nature of offence that same is sensitive in nature, should be uploaded on the Odisha Police website or by district police website, as the case may be, within twenty-four hours of lodging of FIR so that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) - - Dishonour of cheque - Non-appearance of complainant - Acquittal - Validity - Complainant was represented by his Advocate - Case was fixed for receipt of report of service of summons upon accused - It was neither fixed for appearance of accused nor for hearing - Held, case could..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C. - Asking wrong date of occurrence - Accused acquitted - Constant case of prosecution that occurrence took place on 11.6.1998 - In statement u/s 313 Cr.P.C. both the accused have been asked as to whether they have committed murder on or about 30th June, 1998 - Held, charge is not according to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Law does not prescribe any format of notice - Law mandates demand for payment by giving a notice in writing - In the instant case letter fulfilling these requirements taken as a notice...........
