Wild Life (Protection) Act, 1972, Section 9, 39, 51, 54, Criminal Procedure Code, 1973, Section 451 -- Possession of scheduled animals - Seizure - Return of vehicle - Offence compounded on receipt of compounding fee - Application filed for return of vehicle used in commission of offence dismissed on ground that confiscation proceedings have been initiated - Revision..........
Criminal Procedure Code, 1973, Section 438, 6(2), 10 - - Anticipatory bail - Juvenile in conflict with law - Powers of High Court and Court of sessions - Held, when any proceeding in relation to a juvenile comes before High Court or Court of Session all powers conferred on Board under the Act can be exercised - Such proceeding need not arise from appeal or revision - Words..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 374 -- Dishonour of cheque - Conviction - Non-appearance of counsel - Dismissal of appeal - Validity - Petitioners filed appeal on 13.11.2009 - Notice was ordered on 16.11.2009 to respondent - Lower Court records received on 06.04.2010 - Appeal was adjourned to 21.04.2010 for hearing of..........
Criminal Procedure Code, 1973, Section 125, 62 -- Ex parte order granting maintenance - Revision against - Held, not maintainable...........
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 125 -- Interim maintenance - Sessions Court in revisional jurisdiction reduced the interim maintenance - Revision there against - Record shows that there is some dispute over factual aspects which are required to be decided in trial Court and not in revisional forum - Held, trial Court directed to dispose of main case u/s 125 of the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Grant of maintenance at Rs.4,000 in favour of wife and Rs.3,000 in favour of minor sons by Trail Court - Validity - Held, trial Court in absence of any document filed by present petitioner assessed his income around Rs.65000/- P.M. Actual income is known only to husband - It is his duty to come with documentary..........
Criminal Procedure Code, 1973, Section 360 -- Grant of probation - Conviction u/ss 323 & 506 IPC - Respondent No.2 has faced trial for a long period of twenty-five years - She is now a sixty four years old widow lady who is also suffering from sugar and blood pressure problems - She has been found doing selfless social work by Probation Officer - Held, order granting..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409, 420 -- Public servant - Prosecution without sanction - Legality - Held, in absence of any sanction no cognizance of the offence can be taken against revisionist on the basis of charge-sheet submitted against him before trial Court - Revisionist liable to be discharged - Revision allowed...........
Criminal Procedure Code, 1973, Section 401 -- Order of acquittal - Revision - Held, order of acquittal not liable to be interfered without giving notice and providing opportunity to person in whose favour such order had been made by subordinate Court - Revision petition dismissed...........
