Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 120-B IPC - Illegal gratification for purpose of exchange of land - There is no evidence on record to show that petitioner has meeting with the Collector who passed the order or that present petitioner approached Collector to secure order in his favour..........
Essential Commodities Act, 1955, Section 10A, Criminal Procedure Code, 1973, Section 154, Madhya Pradesh Public Distribution System (Control) Order, 2009, Section 11(5) -- FIR - One an information with regard to commission of Cognizable office is received by Police Officer, then it is its duty to register FIR - Police Officer cannot refuse to register FIR on ground that..........
Madhya Pradesh Public Distribution System (Control) Order, 2009, Section 11(5), Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Word "Only" cannot be read as to quash FIR on ground that since complaint has not been made by Collector, therefore, Police cannot register FIR on basis of complaint made by any other person, even if same discloses commission of..........
Essential Commodities Act, 1955, Section 7, 10A, Criminal Procedure Code, 1973, Section 482, Madhya Pradesh Public Distribution System (Control) Order, 2009, Section 11(5) -- Quashing of FIR - Irregularities in Fair Price Shop, violating condition of Order - When charge sheet has been filed and cognizance has been taken then under circumstance whether I.O. was competent to..........
Civil Procedure Code, 1908, Order 21, Rule 11(2), 105, 106 -- Execution - Dismissal in default - Decree holder has remedy either to apply for setting aside the order or file a repeat application - Decree holder can file number of applications for execution of decree, till decree is satisfied...........
Drugs and Cosmetics Act, 1940, Section 36AB, 32 -- Special Court constituted under the Act cannot take direct cognizance, without accused being committed to it for trial - No fault therefore, can be found in the impugned order passed by Chief Judicial Magistrate committing the case to special Court...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14 -- Taking of cognizance by CJM u/s 14 of the Act - Validity - S.14 of the Act does not contemplate secured creditors to approach CJM for assistance to secure their assets - They can approach Chief Metropolitan Magistrate in Metropolitan area and DM in no,..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - An order u/s 156(3) Cr.P.C. can be passed even in those cases which are exclusively triable by Court of Sessions...........
Indian Penal Code, 1860, Section 376 -- Rape on married woman - Semen gathered from prosecutrix is of `O' group - Admittedly, blood group of husband of prosecutrix not examined - Since, prosecutrix is married lady who stayed together with her husband in previous night of date of occurrence, without examination of husband blood group/semen, Court below should not have..........
Criminal Procedure Code, 1973, Section 397, 207 -- Revision - Maintainability - Order rejecting application for supplying copy of charge sheet u/s 207 Cr.P.C. - Said order is not deciding anything finally and may be termed as interlocutory order - Revision against said order is not maintainable...........
