Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 482 -- Disproportionate assets - Quashing of proceedings - Income tax Commissioner and his family members were named in the final report u/s 173 Cr.P.C. - Matter investigated and charge-sheet submitted - Proceedings cannot be quashed on the ground that assets were declared..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of witness - Power of attorney can adduce evidence on facts relating to issuance of cheque, dishonour, issuance of notice and filing of complaint and these facts can be deposed with documents - However, he cannot depose to whatever has transpired..........
Criminal Procedure Code, 1973, Section 2(wa) -- Victim - Meaning - Victim is an aggrieved person not only in a crime, but also in an investigation, enquiry, trial, appeal, revision, review and also the proceedings by which the inherent powers of High Court u/s 482, Cr.P.C. are invoked...........
Constitution of India, 1950, Article 32, 161, 14, 21, High Court of Jharkhand Rules, 2001, Rule 159, Criminal Procedure Code, 1973, Section 397, 401 -- Revision against conviction and sentence - Constitutional validity of - Generally a revision against conviction and sentence is filed after an appeal is dismissed and the convicted person is taken into custody in Court..........
Indian Penal Code, 1860, Section 415, 417, Criminal Procedure Code, 1973, Section 401 -- Cheating - Revision - Acquittal of accused - Validity - FIR lodged by complainant stating complainant gave an amount to accused for purchasing land - No documentary or Negotiable Instrument to show payment to accused - No document to show amount had been withdrawn from bank - No sale..........
Criminal Procedure Code, 1973, Section 482, Limitation Act, 1963, Article 122 -- Quashing of order - Calculation of limitation period - Accused company was summoned on 26.09.2011 to face trial - Summons were not received back - Since the presiding officer was on Ex-India leave, so the file was placed before and fresh notice was again ordered to be issued - Accused company..........
Criminal Procedure Code, 1973, Section 482, 311 -- Additional Evidence - Permissibility - Pre-charge evidence of complainant was closed - Wife of complainant was not cited as witness - MLR of wife not produced on file - No revision against the interlocutory orders lies - Clear case of misuse of Power of summoning witness - Wife of the complainant not permitted to be..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal complaint - Summoning order - Remedy has been provided under the Cr.P.C and all the petitioner have availed the remedy by filing revision petition - Present petition challenging the summoning order now amount to filing of second revision - Complaint cannot be quashed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Denial of marriage and disowning children - Documents on record show that opposite party introduced himself as father in different institutions including bank account - Certificate of date of birth duly issued by Govt. Officers of both children have been brought on record - Domicile..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Revision is maintainable against order passed u/s 125 Cr.P.C. - However, revision filed describing it as appeal - Sessions Judge is well within its right to entertain revision against order of trial Court for grant of maintenance - Technicalities cannot be impediment in dispensing with the real justice between..........
