Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Prevention of Corruption Act, 1988, Section 4(1) -- Jurisdiction of special court - Accused committed crime involving three offence under IPC, under NDPS Act and Prevention of Corruption Act - Accused filed bail application in Special Court constituted under NDPS Act - Court came to the conclusion that it..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 173(2), 156(3), 200 -- Police submitted closure report after investigation - Magistrate accepted the closure report - Complainant filed fresh complaint with Magistrate and sought investigation under Section 156(3) CrPC - Magistrate treated the complaint under Section 200 CrPC and ordered enquiry..........
Criminal Procedure Code, 1973, Section 202, 156(3) -- Complaint case - Once Magistrate takes cognizance of an offence, he cannot order investigation under Section 156(3) - Section 156(3) is to be resorted to before taking cognizance, whereas Section 202 of the Code is to be invoked after cognizance is taken after the complaint but before issuance of process...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Investigating agency submitting final report to Magistrate under Section 173(2) - Police can still conduct further investigation in respect of an offence under section 173(8) Cr.P.C...........
Criminal Procedure Code, 1973, Section 198(1)(c), 155(4) -- Cognizance of offence against marriage - Accused married victim woman by concealing the first marriage - A victim woman sought prosecution u/ss 494 and 495 IPC - Accused taking plea that Section 198(1)(c) of the Code bars taking cognizance of case u/ss 494 and 495 IPC - Offence u/s 494 was lodged alognwith other..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Accused married victim woman by making fraudulent representation that his wife was dead - Second wife invoked provision of Section 498-A of IPC - Accused sought quashing of criminal proceedings - Held, since marriage of accused with second wife when first wife is living and when marriage..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Matter referred to larger Bench to consider following questions : (1) Whether in the absence of any substantial question of law being stated in the memorandum of appeal, the same can be rejected or not? (2) Whether Section 100 CPC enjoins a duty upon the High Court to formulate a..........
Prevention of Terrorism Act, 2002, Section 49(6), Criminal Procedure Code, 1973, Section 439 -- Application of bail filed under Section 49 of Act after period of one year - Held, provisions will have to be considered on parameters of S.439 of the Code...........
Family Courts Act, 1984, Section 10(1), Civil Procedure Code, 1908, Order 39, Rule 2-A -- Family court can resort to O.39.R.2A in a case of breach of its order as it is a civil court - It has inherent power under Section 151 CPC to pass order to effectuate its own order...........
Divorce Act, 1869, Section 10, Protection of Women from Domestic Violence Act, 2005, Section 31, 32, 19, 20, 21, 22, Civil Procedure Code, 1908, Order 39, Rule 2-A -- Wife filed petition for divorce - During pendency of petition, wife sought protection under Section 18 to 22 of Domestic Violence Act - Family court granted protection - Breach of protection order by husband..........
