Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of anticipatory bail without sufficient and reasonable opportunity to investigating agency to file objections - Order cannot be sustained - Matter remanded for fresh decision...........
Criminal Procedure Code, 1973, Section 169, 173, 200 -- Final report submitted - Where investigating agency recommends for closure of case on account of insufficiency of evidence or offence not having been made out, Magistrate is required to not only give reasons for not agreeing with report but also to refer to evidence and material on which he proposes to take..........
Consumer Protection Act, 1986, Section 14(1),(d) -- Deficiency in service - Compensation - Interest - Both interest and compensation cannot be awarded to a consumer by redressal agency established under the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of - Link evidence - Seals used for sealing case property, specimen thereof and second sample retained by investigating agency but not produced in trial court - It is not fatal to prosecution case...........
Consumer Protection Act, 1986, Section 2(1),(d),(ii),(As,amended,by,amendment,Act,2002) -- Consumer - Commercial purpose - Insurance claim - Marine Hull Policy - Damage on 11.6.2000 to insured electrically operated Workover Rig of the complainant company engaged in the business of off-shore and onshore drilling workover job of various Public Sector Companies on contract -..........
Criminal Procedure Code, 1973, Section 439(2) -- Bail - Cancellation - Some of the grounds on which bail can be cancelled are (i) the accused misuses his liberty by indulging in similar criminal activity; (ii) interferes with the course of investigation; (iii) attempts to tamper with evidence of witnesses; (iv) threatens witnesses or indulges in similar activities which..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Order served on petitioner when he was in custody though on bail in main case surrendered a few days before service of detention order - Detention order not showing awareness of fact that detenu was in custody and satisfaction of detaining authority..........
Seeds Act, 1966, Section 9, 15, 16 -- Seeds - Certificate by certification agency - It protects vendor from prosecution for selling sub standard seeds so long as certificate is valid and operative - Seizure of seed samples within certification period and institution of prosecution after expiry of period - Illegal and liable to be quashed...........
Criminal Trial -- Criminal Jurisprudence - Courts are required to decide the case on the touchstone of ingredients of the offence punishable under IPC - There cannot be any doubt that those who are found guilty should be punished - But the conviction must be on the basis of established criminal jurisprudence and not on moral or equitable ground or impression created or..........
Criminal Procedure Code, 1973, Section 156(3), 173(8) -- Further investigation - Sanction - Court cannot compel or give direction to sanctioning authority of granting sanction for prosecution - Special Judge can direct further investigation by the same agency but not by a particular officer...........
