Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 406, 120B -- Bail - Misappropriation of huge money - Serious allegations of siphoning off huge amount through various shell companies alleged against accused - High Court while releasing accused on bail, has not at all considered the relevant factors including nature and..........
Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - S.401(3) Cr.P.C prohibits/bars High Court to convert a finding of acquittal into one of conviction - Order of conviction by High Court while exercising revisional jurisdiction u/s 401 Cr.P.C is unsustainable, beyond scope and ambit of S.401 Cr.P.C...........
Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - Revision against order of acquittal at the instance of victim or complainant as the case may be, shall not be entertained and victim or complainant, as the case may be shall be relegated to prefer appeal as provided u/s 372 or S.378(4) Cr.P.C, as the case may be...........
Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - Where under Cr.P.C appeal lies but an application for revision has been made to High Court by any person, High Court has jurisdiction to treat the application for revision as a petition of appeal and deal with the same accordingly as per S.401(5) Cr.P.C - However, subject to High Court being..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 341, 324, 147, 148, 149, 427, 504, 506 -- Bail - Double murder case - Accused is a history sheeter and is having criminal antecedents - He is involved in double murder of having killed the father and brother of informant - Trial of cases is at the crucial stage of recording evidence..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Transfer of property pending suit - Defendant no.1 during pendency of suit transferred suit property in favour of defendant nos 2 and 3 and those defendants in turn transferred part of suit property in favour of third persons - Defendants invoking jurisdiction of Court are therefore responsible for..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 147, 148, 149, 504, 506, 34 -- Bail - Murder - High Court granted bail to accused No.2 in serious offences without applying correct facts - High Court not at all appreciated the fact that all accused were charged for offences in question and all accused with a common intention..........
Indian Penal Code, 1860, Section 166, 167, 218, 463, 464, 465, 466, 471, Criminal Procedure Code, 1973, Section 156(3), 197 -- Jurisdiction - Compliance of Investigation and Sanction - Petitioner invoking jurisdiction u/s 156(3) Cr.P.C and necessity of S.197 Cr.P.C - Held, the want of sanction is not restricted to any act done by the public servant only in the discharge of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of ownership on basis of gift deed - Origin of gift deed was disputed by executant during her lifetime - Lower Courts thus, were right in weighing evidence of gift deed on the touchstone of its validity first rather than its form and content - Plea as to invalidity of gift deed is not to be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 420, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Specific allegations made in FIR in regard to demand for dowry - High Court committed error in quashing the proceedings - Order of High Court quashing proceedings set aside...........
