Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Permission to go abroad - Cheating - Dispute is about a loan of Rs.11 crores for which Promoters/Directors have already mortgaged 26 acres of factory land and a 8 kanal house in Chandigarh and thus interest of..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Where there are different transactions, different crime numbers and cases have been decided by different judgments, concurrent sentence cannot be awarded u/s 427 Cr.P.C...........
Criminal Procedure Code, 1973, Section 427, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23, 21, 29, 21(c) -- Concurrent running of sentences - Conviction of accused in two cases under NDPS Act - Accused convicted by two different Courts in two different trials for offences with respect to different transactions - Judgment in both the cases delivered one..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While disposing discharge application, Court below may not appreciate the defence of accused, as same should be appreciated at the stage of trial...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While disposing discharge application, application of mind should be reflected, as Court is not to act as mere post office...........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29 -- Suspension of sentence during pendency of appeal against conviction - Conviction u/s 29 of NDPS Act - Accused has undergone 8 years out of 10 years of total sentence - Appeal is unlikely to be heard early - Though offences under NDPS Act are of a serious nature..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Evidence recorded by Court during trial is to be accorded primacy and for purpose of exercise of power u/s 319 Cr.P.C, would have to be given weight over material which was collected during course of investigation...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 307, 504 -- Summoning of additional accused - Offence u/ss 307, 504 IPC - Accused was not only named in the FIR but he was also assigned a role in the incident - Testimony of PW1 and PW2 being indicative of complicity of accused and in particular their statements at the time of incident, accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - If Magistrate holds an inquiry himself, it is not compulsory that he should examine witnesses and in suitable cases Magistrate can examine documents to be satisfied that there are sufficient grounds for proceeding u/s 202 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202(2) -- Dishonour of cheque - Examination of witnesses on oath - S.202(2) Cr.P.C is inapplicable to complaint u/s 138 of N.I Act in respect of examination of witnesses on oath...........
