Criminal Procedure Code, 1973, Section 125 -- Maintenance - Amendment of petition - If amendment sought for does not constitute a new cause of action or raise a new case, but only amounts to adding to the facts already on record, the amendment sought for can be allowed even after the statutory period of limitation...........
Criminal Procedure Code, 1973, Section 439A, 167, 439 -- Bail - Offence committed by extremists - Applicability of S.439A - Held, amendment of S.439 and S.167 as amended by the Code of Criminal Procedure (Tripura 4th Amendment Act, 1998) is confined to the extremist related offence or an offence committed by the extremists - So far the other general case of heinous crime..........
Jammu and Kashmir Criminal Procedure Code, 1989 -- Relief barred because of limitation - Amendment of plaint - Held, there is no absolute rule that in every case where relief is barred because of limitation an amendment should not be allowed - Discretion in such cases depends on facts and circumstances of the case - Jurisdiction to allow or not to allow an amendment being..........
Criminal Procedure Code, 1973, Section 125(1) -- (As amended by Amendment Act 50 of 2001) - Hindu Marriage Act, 1955, S.24 - Interim maintenance u/s 24 the HM Act and S.125 Cr.P.C. - Nature of proceedings - Held, when once main proceedings are disposed of awarding of interim maintenance u/s 24 of HM Act will cease to have any effect except for recovery of any arrears of..........
Indian Penal Code, 1860, Section 409, West Bengal Co-operative Societies Act, 1983, Section 23, 2(31), 8, West Bengal Criminal Law Amendment (Special Courts) Act, 1949, Section 4 -- Co-operative society - Secretary of - Public servant - Sanction for prosecution - Held, Secretary of Co-operative society can not be tried by Special Court in view of West Bengal Criminal Law..........
Criminal Procedure Code, 1973, Section 173(8) -- Reinvestigation of case - Allowed - Magistrate used the word reinvestigation though he meant further investigation - It is an error in nomenclature - Amendment in the order of Magistrate allowed to read the word further investigation in place of reinvestigation...........
Criminal Procedure Code, 1973, Section 482, Electricity Act, 2003, Section 39, 135, Indian Penal Code, 1860, Section 379 -- Quashing of FIR - Theft of electricity - As per amended S.151 of Electricity Act, Court may take cognizance of offence punishable under the Act upon a report of a Police Officer filed u/s.173 Cr.P.C. - But in instant case said amendment came into..........
Criminal Procedure Code, 1973, Section 202 -- Accused residing beyond jurisdiction of Court - After amendment in Cr.P.C. Magistrate is now under an obligation to enquire into a case either himself or direct investigation to find out whether or not there was sufficient ground for proceeding against an accused where he resides at a place beyond his area of jurisdiction...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 22, Indian Penal Code, 1860, Section 147, 224, 323, 504, 506, 420, 427, Criminal Law Amendment Act, Section 7, Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, Section 4 -- Bail - For treatment of epilepsy, banned drugs under NDPS Act found stored and sold in clinic of applicant - Drugs..........
Criminal Procedure Code, 1973, Section 161, 207(iii) -- Fast tract Court - Accused is entitled to the statement of informant (complainant) who is a material witness in the case - Accused can also seek amendment of charge by making an application...........
