Criminal Procedure Code, 1973, Section 202, 203, 204 -- Scope of enquiry under Section 202 - Held, scope is extremely restricted only to finding out the truth or otherwise of the allegations made in the complaint in order to determine whether process should be issued or not under Section 204 of the Code or whether the complaint should be dismissed by resorting to Section..........
Criminal Procedure Code, 1973, Section 482, 320 -- Compounding of offence - Offence u/ss 147 , 323, 325, 356, 379, 452 read with Section 149 IPC - Petitioner entered into compromise with the victim and an application for compounding of offences made - Magistrate allowed compounding of offences u/ss 147, 323, 325, 356, 379 IPC, these offences being compoundable - No..........
Criminal Procedure Code, 1973, Section 31, 362 -- Accused convicted in the same trial for different offences under IPC - No order that sentence shall run concurrently - Appeal against dismissed - Revision also dismissed by High Court - Prayer not made in appellate Court and in Revision for making sentence awarded to run concurrently - Petition u/s 482 r/w S.31 Cr.P.C. with..........
Civil Procedure Code, 1908, Section 100A, 104, 114, Order 47, Rule 1 -- Application for review u/s 114 r/w O.47.R.1 CPC seeking review of order passed in LP - Held, even an order which is appealed against Order 43 Rule 1 read with Section 104 CPC cannot be assailed in LP in view of prohibition contained under Section 100-A of CPC which in its ambit and sweep covers an..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, 15, Criminal Procedure Code, 1973, Section 432(1), Constitution of India, 1950, Article 161 -- Conviction u/s 15 of NDPS Act and accused sentenced to 10 years RI - Accused sought pre-mature release that he had undergone 12 years including remissions granted under Article 161 of Constitution - Governor of..........
Civil Procedure Code, 1908, Section 11 -- Essential ingredients for the applicability of S.11 CPC are : (i) The matter must be directly and substantially in issue in the former suit and in the later suit; (ii) The prior suit should be between the same parties or persons claiming under them; (iii) Parties should have litigated under the same title in the earlier suit; (iv)..........
Criminal Procedure Code, 1973, Section 209 -- Commitment of case - Magistrate enquiring into a case under Section 209 of the Code is not to act as a mere Post Office - Court has to see whether there is sufficient evidence for commitment - If there is no prima facie evidence or the evidence is totally unworthy of credit, it is the duty of the Magistrate to discharge the..........
Land Acquisition Act, 1894, Section 23(1A), Civil Procedure Code, 1908, Order 41, Rule 33 -- Acquisition of land - Compensation - On reference, award enhanced - State challenged the award of Reference Court - The landowner, instead of filing appeal or cross-objection, filed application under Order 41 Rule 33 of Code claiming additional compensation - Held, landowners who..........
Criminal Procedure Code, 1973, Section 167 -- Bail on default - Petitioner arrested u/s 20(B) of NDPS Act when 10.400 kg. ganja recovered from him - Offence punishable with imprisonment upto 10 years - Case covered by Section 167(2)(a)(ii) - Accused would be entitled to be released on bail if the investigation is not completed and charge sheet is not filed within 60 days -..........
Indian Penal Code, 1860, Section 354, Criminal Procedure Code, 1973, Section 212, 215, 464 -- Error in charge - Two women namely `P' and `S' present in the house - Accused charged for assaulting `P' and outraging her modesty after committing trespass into the house - Accused outraged the modesty of `S' but charged with outraging modesty of `P' - Held, conviction cannot be..........
