Prevention of Corruption Act, 1988, Section 13(2), Indian Penal Code, 1860, Section 161, 109, 120B -- Delay of 27 years in filing charge sheet inspite of direction of High Court that investigation be completed within 3 months - No explanation for delay in investigation - Investigation conducted by an officer, who had no jurisdiction to do so - State not sure whether a..........
Criminal Procedure Code, 1973, Section 437 -- Bail - Imposition of condition - Quashing of - Additional Sessions Judge has imposed the condition to deposit passport & Visa while granting bail to petitioner - Legality of - Held, according to S.10(3) of the Passports Act, 1967 only passport authority is empowered to impound passport - Court below has committed illegality and..........
Indian Penal Code, 1860, Section 4, Criminal Procedure Code, 1973, Section 188 -- Principle of res judicata in criminal cases - Appellant filed application for quashing on the ground of non compliance with provision of S.188 Cr.P.C. which was withdrawn - Moved another application as cognizance was without jurisdiction - Held, that principle analogous to res judicata have..........
Civil Procedure Code, 1908, Order 7, Rule 10, 10-A, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Has to be treated like a plaint - If it exceeds the pecuniary jurisdiction of the Court the same shall be returned for being presented to the competent Court with an endorsement regarding date of its presentation and return, brief statement of the reasons..........
Criminal Procedure Code, 1973, Section 202 -- Accused residing beyond jurisdiction of Court - Process issued without holding enquiry which is mandatory under the amended provision of S.202 Cr.P.C. - Process quashed...........
Criminal Procedure Code, 1973, Section 181, Indian Penal Code, 1860, Section 406, 420 -- Territorial jurisdiction - Petitioner summoned for offences u/s 406/420 IPC by Court at Varanasi - Petitioner had booked a flat at Mumbai - Letter of intent was executed at Mumbai - Bank draft was paid and encashed at Mumbai - Property for which payment was given was situated at Mumbai..........
Industrial Disputes Act, 1947, Section 10 -- Reference - Termination - Industrial dispute - The State Government at its own level has come to the conclusion that the workman had not completed 240 days continuously preceding 12 calender months prior to his retrenchment - Similarly the question of delay and laches in raising the dispute adjudicated - Held that these..........
Indian Penal Code, 1860, Section 498A, 342, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 342, 506 IPC - Quashing of charge-sheet - Inter-state jurisdiction - As per FIR alleged offence took place in territory of `U' - Since trial of offence shall be done ordinarily within territorial jurisdiction of Court where such offence has been committed -..........
Constitution of India, 1950, Article 226, 227, Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Scope of interference in writ jurisdiction - Writ for quashing notifications u/s 4 & 6 of the Act - Notifications challenged on the ground that petitioners purchased land for constructing a hospital for public welfare - Power to acquire land under the Act vests..........
Indian Penal Code, 1860, Section 498A, 406, 120B -- Quashing of FIR - Matrimonial dispute - Bona fide settlement between parties - Parties have been granted a certificate of divorce by a Court of competent jurisdiction in Canada - The complainant has received an amount of Rs. 12,50,000/- by way of a demand draft - In view of the settlement, the complainant and his..........
