Criminal Procedure Code, 1973, Section 439 -- Bail - Joint Commissioner of Police - Offence u/s 120-B, 216, 218, 221 IPC and u/s 3(2), 3(5) and 24 of MCOC Act and u/s 7 and 13(1)(d) of Prevention of Corruption Act - Appellant found involved in counterfeit stamp case where principal accused was one Telgi - Bail application rejected by High Court by holding that material..........
Criminal Procedure Code, 1973, Section 9 -- Transfer of case from one State to another - Apprehension of physical harm from respondent No.2 and anti social elements - This is too nebulous a ground to transfer the case as petitioner has not substantiated her apprehension and she by now had been attending the Court and no untoward incident is ever brought to the notice of..........
Punjab Police Rules, 1934, Rule 25.21 -- Vol.III - Dying declaration - Procedure to be adopted for recording dying declaration - (1) A dying declaration shall whenever possible be recorded by a Magistrate; (2) The person making the declaration shall, if possible be, examined by a medical officer with a view to ascertaining that he is sufficiently in possession of his..........
Criminal Procedure Code, 1973, Section 202(2), 156(3) -- Proviso - S.202(2) Proviso does not bar Magistrate to order investigation by police u/s 156(3) Cr.P.C. before taking cognizance - Order passed by Magistrate forwarding complaint to police for investigation of an offence u/ss 323, 294, 506-B and 427 IPC and u/s 3(1)(x) of SC & ST (Prevention of Atrocities) Act - No..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 365, 366, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Offence u/ss 363, 365 366 IPC and S.3(2)(5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act - Girl alleged to be kidnapped found to be above 18 years and marrying..........
Criminal Procedure Code, 1973, Section 202 -- Once Magistrate starts enquiring into case himself, he cannot follow next alternative of directing investigation by police...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Police help - Before granting police aid, notice to J.D. not issued - J.D. deprived of his right of resisting decree by putting forth defences available to him - Impugned order set aside...........
Civil Procedure Code, 1908, Section 151 -- Specimen thumb impression for comparison - Suit for permanent injunction - Interim stay granted - Application for police help for compliance - Application for contempt proceedings - Defendants filed application for directions to plaintiff to give her specimen thumb impression for being compared with applications for police help..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 451 -- Release of vehicle on superdari - Vehicle used in transportation of contraband - Petitioner registered owner of vehicle - Petitioner already released on bail - If vehicle is allowed to stand in the Police Station, it would not remain roadworthy - Its machinery,..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) cannot be treated as a complaint case - If allegations spell out commission of a cognizable offence Magistrate has no option but to direct police station concerned to register and investigate the matter...........
