Criminal Procedure Code, 1973, Section 343, 340, Indian Penal Code, 1860, Section 193 -- Compliant u/s 340 Cr.P.C. - Offence u/s 193 IPC - Magistrate examined complainant and some other witnesses before framing charge against accused - It was in the form of summary inquiry to be satisfied as to whether materials on record would justify framing of charge against accused or..........
Criminal Procedure Code, 1973, Section 397, 401, 439(2) -- Revision - Maintainability - Order cancelling bail u/s 439(2) Cr.P.C. - It is an interlocutory order - Revision against said order is not maintainable...........
Criminal Procedure Code, 1973, Section 146(1) -- Attachment of property - If possession is not disputed, an order of attachment u/s 146(1) Cr.P.C. cannot be passed...........
Civil Procedure Code, 1908, Section 39(1)(a), (4) -- Execution - Transfer of decree - JD and petitioner/garnishee both residing and having its office at Cochin i.e outside the jurisdiction of Court which passed the decree - Amount that is ordered to be sent for execution petition is also lying in the credit of petitioner at Cochin - Decree held, transferred to Court of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of order framing charges - Offence u/ss 420, 467, 468, 471, 120-B IPC - Role of petitioner is not described in basic Istagasa (Complaint) - Petitioner was an Advocate and merely identified the documents in question - Even complainant himself has not alleged..........
Criminal Procedure Code, 1973, Section 156(3), 190 -- Taking cognizance and ordering pre summoning evidence instead of issuing direction to police to register FIR - Order upheld as nature of evidence required to be led to substantiate such accusations does not require any police investigation...........
Criminal Procedure Code, 1973, Section 156, 190, Indian Penal Code, 1860, Section 498A, 406, 354, 506, 34 -- Application u/s 156(3) Cr.P.C. for offence u/s 498-A, 406, 354, 506, 34 IPC - Magistrate taking cognizance and adjourning case for pre-summoning evidence instead of issuing direction to police to register FIR - Ground for such order as : (a) Allegation of cruelty..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witnesses for further cross examination on the ground that senior counsel was not present at the time of cross examination of witnesses - Nothing, but an exercise to fill up lacuna, which is not permissible - Impugned order of allowing application set aside...........
Drugs and Cosmetics Act, 1940, Section 27(d), Criminal Procedure Code, 1973, Section 468, 482 -- Sample of medicine Decicort Tab - Cognizance of offence - Limitation - Sample found to be sub standard - Maximum punishment which can be imposed u/s 27(d) of Act of 1940 is 2 years and period of limitation as prescribed u/s 468 Cr.P.C. is three years - However, more than 8..........
Drugs and Cosmetics Act, 1940, Section 27(d), 28A, Criminal Procedure Code, 1973, Section 482, 468 -- Cognizance of offence - Quashing of order - Offence u/ss 27(d), 28A IPC - Delay of more than 4 years in filing complaint - While taking cognizance, Magistrate did not take into consideration delay in institution of complaint - Even, complainant failed to explain the delay..........
