Criminal Procedure Code, 1973, Section 433 -- Order of commutation is just reiteration of the identical reports submitted by different government authorities without any independent scrutiny - Powers conferred upon the appropriate Government under Section 433 Cr.P.C., must be exercised in accordance with rules and established principles - While exercising such power,..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Scope of S.197 - Held, cognizance of any offence, by any court, is barred by S.197 of the Code unless sanction is obtained from appropriate authority, if offence, alleged to have been committed, was in discharge of official duty - Section not only specifies persons to whom protection is afforded but..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Official duty - Meaning of - Held, use of expression, `official duty' implies that act or omission must have been done by public servant in course of his service and that it should have been in discharge of his duty - Section does not extend its protective cover to every act or omission done by a..........
Criminal Procedure Code, 1973, Section 482 -- Allegation of mental harassment - No material to show that accused wanted deceased to stay separately from his parents - Ingredients of Section 306 were not established - Proceedings were quashed by High Court - High Court was right in exercising its jurisdiction u/s 482 of the Code - Appeal dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Jurisdiction - Limited Jurisdiction of the High Court under Section 482 of the Code of Criminal Procedure - It is ordinarily for the Magistrate to consider as to whether a case for grant of bail has been made out or not - Similarly, High Court should not have, for all intent and purport, issued the direction for grant of..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Setting aside - Principles governing - (i) The words 'sufficient cause for not making the application within the period of limitation' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and the type of case - The words..........
Criminal Procedure Code, 1973, Section 144 -- Breach of peace - Exercise of power by Executive Magistrate - Held, Executive Magistrate exercising power u/s 144 of the Code has no jurisdiction to decide a dispute of a civil nature between two sections of people, which is in realm of private law - Executive Magistrate is not expected to invoke power u/s 144 of the Code in a..........
Criminal Procedure Code, 1973, Section 437, 439 -- Interim bail pending hearing of a regular bail application - Can be granted except in the following circumstances - (i) In a case of grave offence like murder, dacoity, robbery, rape etc. ; (ii) The case involves an offence under the U.P.Gangsters Act and in similar statutory provisions; (iii) The accused is likely to..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While granting bail Court may impose conditions in the light of the facts of the particular case, as it may think fit, including (i) a condition that a person shall make himself available for interrogation by police officer as and when required, (ii) a condition that the person shall not, directly or..........
Civil Procedure Code, 1908, Section 100 -- Scope - (i) The High Court would be justified in admitting the second appeal only when a substantial question of law is involved; (ii) The substantial question of law to precisely state such question; (iii) A duty has been cast on the High Court to formulate substantial question of law before hearing the appeal; (iv) Another part..........
