Criminal Procedure Code, 1973, Section 482, 427 -- Conviction in two separate cases - Provision of Section 427 not invoked - Provision of Section 427 Cr.P.C. cannot be invoked by High Court in exercise of its inherent jurisdiction after dismissal of special leave petition...........
Civil Procedure Code, 1908, Section 151 -- Inherent power of Court - Section 151 confers wide powers on the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 37, Criminal Procedure Code, 1973, Section 389 -- Bail - Guidelines for grant of bail to convicts under NDPS Act whose appeals are pending but not likely to be heard in near future viz. (i) Where the convict is sentenced for more than ten years for having in his conscious possession commercial quantity of..........
Civil Procedure Code, 1908, Section 60(1)(c), Punjab Land Revenue Act, 1887, Section 67, Motor Vehicles Act, 1988, Section 174 -- Attachment of residential house in execution of award passed under Act of 1988 - Motor Accident Claims Tribunal awarded compensation - Execution of award - Objections filed contending that award cannot be executed in respect of only residential..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- The Representation of People Act, 1951, Section 83 - Striking off pleadings - Applicability to Election Petition - The Court may order striking off pleadings in following circumstances - (i) Where such pleadings is unnecessary, scandalous, frivolous or vexatious, (ii) Where such pleadings tends to prejudice, embarrass or..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- The Representation of People Act, 1951, Sections 83 & 123(7) - Contents of Election Petition - Striking off pleadings - Petition filed challenging the election of returned candidate - Various allegation leveled against Electoral Registration Officer, corrupt practices adopted by returned candidate, deletion of names of..........
Representation of the Peoples Act, 1951, Section 83, Civil Procedure Code, 1908, Order 7, Rule 11 -- Contents of election petition - Material facts not stated in petition - Petition liable to dismissed - Distinction between material facts (facta probanda) and material particulars (facta probantia) - `Material facts' are primary or basic facts which must be pleaded by the..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Provision of Section 19 Prevention of Corruption Act and Section 197 Cr.P.C. operate in conceptually different fields - Case covered under Prevention of Corruption Act, in respect of public servants, the sanction is of automatic nature..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - There is no universal rule to determine reasonable connection between act done and official duty - Concept of Section 197 is not immediately attracted on institution of the complaint case - Scope of operation of the provision is restricted to only those acts or omissions which are done by a public..........
Indian Penal Code, 1860, Section 468, 471, 120B, Criminal Procedure Code, 1973, Section 197 -- Public servant - Offence u/ss 468, 471 and 120-B IPC - May be relatable to the official duty thereby mandating sanction in terms of Section 197 Cr.P.C...........
