Criminal Procedure Code, 1973, Section 177, 178, 179 -- Jurisdiction of criminal Courts - Generally, offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it is committed - However, there is no absolute provision that offence committed beyond local jurisdiction cannot be investigated, inquired into or tried...........
Criminal Procedure Code, 1973, Section 177, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4 -- Territorial jurisdiction - Dowry demand - Wife was forced to leave her matrimonial home at `M' - Wife returned back to her parental home in `S' and filed complaint there - Since, consequence of offence which was committed at `M' occurred at `S',..........
Criminal Procedure Code, 1973, Section 28(3), 407, Indian Penal Code, 1860, Section 313, 326 -- Power of Session Court to pass sentence - As per S.28(3) Cr.P.C. Assistant Session Judge is not empowered to pass sentence of imprisonment for life or for imprisonment for term exceeding 10 years - However, in the instant case, petitioner is charge-sheeted for offence u/ss 313,..........
Criminal Procedure Code, 1973, Section 304, Legal Services Authorities Act, 1987, Section 12 -- Right of legal aid - While pronouncing order of conviction and sentence, Judge should be saddled with corresponding duty to inform convict of his right to avail legal aid to prefer appeal against conviction if he is unable to do so with his own resources - Such duty of Court is..........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Discharge - Financial fraud - Forged documents - One Time Settlement - Accused got Letters of credits (L.Cs) issued by bank in favour of fictitious companies proposed by them and said companies got the same discounted by attaching their bogus bills - It is not a simple..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Civil and criminal proceedings - Admission made in criminal proceedings u/s 145 Cr.P.C. - Would not operate as res judicata, as a judgment of criminal Court in summary proceedings is not binding upon civil Court - Even otherwise, Court exercising jurisdiction u/s 145 Cr.P.C. is not competent to decide questions which..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 22, Criminal Procedure Code, 1973, Section 167(2)(a)(ii) -- Default bail - Recovery of 13 kg ganja - Quantity of ganja recovered from accused is more than small quantity but less than commercial quantity for which accused cannot be detained more than 60 days in terms of S.167(2) Cr.P.C. - Charge sheet not..........
Criminal Procedure Code, 1973, Section 482, 173(5) -- Quashing of proceedings - Police report - Documents do not form part of police report cannot be looked into by High Court in exercise of inherent jurisdiction to quash criminal proceeding - However, in rare cases, High Court in the interest of justice may look into unimpeachable documents of sterling quality which may..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Restoration of petition - Petition dismissed as dispute was stated to be resolved - Petition sought to be restored as disputed was not resolved - Held, Court has implied authority to restore the matter, in appropriate cases...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Jurisdiction - Transfer of complaint u/s 138 of the Act from Court `B' to Court `K' - If cheque is delivered for collection through account, the branch of bank where payee or holder in due course maintains account is situated, shall have jurisdiction to..........
