Criminal Procedure Code, 1973, Section 482 -- Refund of deposit with Agency on one's own to avoid arrest - Stand on a different footing than deposit of money as a condition for bail - Held, S.482 Cr.P.C. could not have been exercised as action taken by appellant, a channelizing industry under Ministry of Commerce is absolutely an administrative action and, therefore, same..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Plaintiff filed suit for specific performance - Defendant filed suit for declaration alleging agreement to sell as illegal, without consideration, result of fraud and mis-representation - Both the suits consolidated - Suit of plaintiff decreed and that of defendant dismissed - Appeal filed by defendant against decree..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Conviction u/s 138 NI Act read with S.420 IPC - Appellate Court suspended sentence subject to payment of 1/3rd of amount of compensation - Condition imposed is for suspension of sentence and..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Judgment of acquittal can be reversed in compelling circumstances when findings recorded by the Court below are found to be perverse i.e. if the conclusions arrived at by the court below are contrary to the evidence on record, or if the court's entire approach with respect to dealing with the evidence..........
Criminal Procedure Code, 1973, Section 340, 341, 195, Delhi High Court Act, 1966, Section 5, 10 -- Letters Patent (Del.), Cl.10 - Perjury - Letters patent appeal - Maintainability - Held, expression "other than High Court" appearing in S.341 Cr.P.C. would not disable aggrieved party to prefer Letters Patent Appeal, if it is otherwise maintainable, under other statutes and..........
Criminal Procedure Code, 1973, Section 340, 341, 195 -- Letters Patent (Del.), Cl.10 - Perjury - Letter patent appeal - Maintainability - Held, decision taken on application filed u/s.340 Cr.P.C. involves only formation of opinion as to whether or not complaint should be filed - At stage of formation of such opinion Court does not exercise criminal jurisdiction - Thus,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal - Accused convicted u/ss 8, 22 of NDPS Act and sentenced to 15 years RI and to pay a fine of Rs.1.50 lacs - Incriminating evidence and circumstance occurred against accused not put to him during his examination u/s 313 Cr.P.C. -..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 41, Rule 27 -- Amendment of pleadings at appellate stage - Consequent evidence thereto - Consequent evidence to the amended pleadings at appellate stage is different than the one in the trial Court - Consequent evidence to amended pleadings at appellate stage is not as a matter of course - When..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Conviction under NDPS Act - Bail during pendency of appeal - Accused convicted and sentenced as he was found in possession of 65 Kgs of poppy husk - Quantity marginally more than the non commercial quantity which is upto 50 Kgs. - Bail allowed during pendency of..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Power to re-appreciate evidence - Held, while dealing with an appeal against acquittal, High Court has a duty to scrutinize evidence and sometimes it is an obligation on part of High Court to do so - Power is not curtailed by any of provision of CrPC - While re-appreciating and reconsidering evidence..........
