Criminal Procedure Code, 1973, Section 482 -- Proceedings under sections 145 and 146 CrPC - Petition for quashing - That once the rights of the parties are in a fluid state and there is no specific findings regarding the possession in one way or the other and the parties are in a mood to commit breach of peace in such a situation the provisions of section 145 CrPC can..........
Criminal Procedure Code, 1973, Section 401 -- Penal Code, 1860, Section 302/34 - Appeal against conviction - By one out of three convicted accused - Held that the case of all the three convicted accused is so deeply integrated that ho distinction can be drawn between the case of the appellant and no, appellants - The benefit of the acquittal has to be given to the no,..........
Criminal Procedure Code, 1973, Section 145 -- Forcible dispossession - No order for restoration of possession could be passed in favour of petitioner under Section 145, CrPC. Cases referred: Union Carbide Corporation vs. Union of India JT 1991(6) SC 8..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Discharge of the accused under section 7 read with Section 13 of the Prevention of Corruption Act, 1988 holding that no proper sanction to take cognizance has been granted - Sanction to prosecute - No special form is prescribed for the grant of the sanction. If the competent authority has granted the sanction, then..........
Criminal Procedure Code, 1973, Section 401 -- Punjab Excise Act, 1914 Section 61(1)(a) - Conviction - Revision against - Prayer for giving benefit of probation or benefit of the sentence already undergone on account of delay in deciding the revision alone - Rejected as the offence of illicit distillation should be dealt with a strong hand because such drinks are injurious..........
Criminal Procedure Code, 1973, Section 482 - - FIR - Petition for quashing - FIR under Section 406/498A - Territorial jurisdiction - FIR, registered at Amabala - Offences committed in complainant's matrimonial home at Hansi District Hissar - Plea that Ambala Court has not jurisdiction to try these offences - Held that when the complainant is residing at Ambala in her..........
Criminal Procedure Code, 1973, Section 401 -- Dowry Prohibition Act,1961 Sections 4 and 6 - Complainant proving that dowry articles were given to the accused at the time of her marriage and accused is in possession of those articles and when she demanded them back accused declined to return them - Held that Courts below have rightly held him guilty under Section 6 of the..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Punjab Excise Act, 1914, Section 61(1)(c) - Petitioner convicted and sentenced to rigorous imprisonment for one year with a fine of Rs.5000/- u/S 61(1)(c) of the Act - Probation - Plea for - Simply because the accused is aged 35 years or was facing this prosecution from 31.10.1984 or he is not a previous convict are..........
Criminal Procedure Code, 1973, Section 401 -- Opium Act, 1878 - Section 9 Conviction - Revision against - The contention that the accused is facing trial since 1982 - On this count his jail sentence be reduced to already undergone - Not accepted as accused was found in possession of opium weighing 1 Kg. - Conviction and sentenced maintained - Revision dismissed...........
Criminal Procedure Code, 1973, Section 401 - - Companies Act, 1956, Section 630(1)(b) - Revision against conviction - The petitioner ex-employee of respondent-company not vacating the quarters allotted by the company - Complaint under Section 630 of the Companies Act filed. Chief Judicial Magistrate imposing a fine of Rs.750/- to the accused/petitioner failing which he..........
