Criminal Procedure Code, 1973, Section 167, Maharashtra Control of Organised Crime Act, 1999, Section 21(7), 25 -- Effect of S. 21(7) of MCOC Act - Held, MCOC Act being a special Statute would have an overriding effect to S.167 of Cr.P.C. - This is more so illustrated in S.25 of MCOC Act providing an overriding effect - Thus, S.21(7) of MCOC Act would have to be read..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 257, 321 -- Dishonour of cheque - Complaint - Withdrawal of Duty of Magistrate - Held, Magistrate has to record his satisfaction regarding good grounds for withdrawal of complaint i.e. fulfillment of pre-condition for withdrawal upon summary enquiry either with complainant or with accused..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366,368 -- Death sentence - Rarest of rare case - Comes when a convict is menace and threat to the harmonious and peaceful co-existence of the society - The crime may be heinous or brutal but may not be in the category of 'rarest of the rare case - In case the crime is committed in a most cruel..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Contention of applicant that at the time of execution of sale-deed entire agreement amount i.e. Rs.5,56,000/- has been paid to seller before witnesses and cheque in question was given to seller in advance which he had assured to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) -- Dishonour of cheque - Acquittal - Non appearance of appellant/complainant - Dismissal of complaint resulting in acquittal of respondent/accused - Order of dismissal of complaint is not a speaking order - Nothing is discernible from order, i.e., whether case was posted for..........
Civil Procedure Code, 1908, Section 13 -- Foreign decree obtained by suppression and fraud - Certificates of Inspection given by president of plaintiff on goods quality at pre-shipment stage not disclosed and decree was obtained from North Carolina Court - Held, S.17 of the Indian Contract Act defines concealment as fraud - That apart trial court might have reached a..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29(2) -- Dishonour of cheque - Conviction - Sentence of fine - Correction by revisional Court - Extent of - While correcting illegality and impropriety, revisional Court has imposed fine of Rs.60,000/- upon petitioner for offence u/s 138 of the Act - Held, revisional Court is competent to..........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 409, 468, 477A, 120B, Prevention of Corruption Act, 1988, Section 1391)(d), 13(2) -- Land acquired for establishing University - Accused filled earth in a most perfunctory and irregularly manner and he obtained a pecuniary advantage of Rs.59.51 lacs - Petitioner discharged as : (a) Allegation..........
Civil Procedure Code, 1908, Order 22, Rule 3, Land Acquisition Act, 1894, Section 23(1A) -- Compensation - Interest - Non-payment of interest on enhanced amount from the date of receiving of reference petition dated 02.05.1998 to the date of filing of substitution application i.e. 02.02.2007 - Wife of deceased received Reference Court notice on 02.06.1998, despite receipt..........
Criminal Procedure Code, 1973, Section 374 -- Accused convicted and sentenced under Explosives Substances Act and Arms Act and had undergone more than half of his sentence i.e. three years, seven months and twenty two days and is on bail - Accused sought permission to go abroad to attend the marriage of his daughter who is practicing solicitor of Supreme Court of England &..........
