Prevention of Corruption Act, 1988, Section 13(1)(b), 13(2), 17, Criminal Procedure Code, 1973, Section 154 -- Disproportionate assets - FIR - Preliminary enquiry - In matters of corruption a preliminary enquiry although desirable but is not mandatory - In a case where a superior officer, based on a detailed source report disclosing commission of a cognizable offence,..........
Arms Act, 1959, Section 15, 13, 14 -- Arms license - Renewal of license - Law as to - Licensing authority was obliged to obtain a report from concerned Police once it received application of applicant and it is not for applicant to obtain such report - Licensing authority was also obliged to make such enquiry as it considers necessary before taking a decision on the..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Before ordering detention of JD for execution of decree Court has to conduct enquiry as mandated U.O.21.R.40 CPC r/w S.51 CPC by recording a finding as to means of JD to satisfy the decree...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Magistrate had taken cognizance of offences by recording preliminary statement of complainant and thereafter directed SSP to hold an enquiry with a view to ascertain truth or falsehood of allegations made in the complaint - Having undertaken recourse to procedure it was not open to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 379 -- (Criminal Procedure Code, 1973, S.340) - Perjury - S.379 BNS does not mandate a preliminary enquiry, unless there is an expediency in the interest of justice in the opinion of Court...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court while exercising power u/s 482 Cr.P.C, will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint...........
Stamp Act, 1899, Section 47A -- Market value of property - Enquiry by Registering Authority is a pre-condition for making reference to Collector for determination of market value of property - Determination of market value without notice of hearing to parties is liable to be set aside...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Enquiry as to - Petitioner failed to produce on record any medical certificate or document which proves that plaintiff is suffering from mental infirmity and is not capable of protecting her interests while being sued or suing someone - Application filed for appointment of next friend of plaintiff..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - While determining the issue of limitation in the exercise of powers u/s 11(6) of the Act, referral Court must only conduct a limited enquiry for the purpose of examining whether S.11(6) application has been filed within limitation period of three years or not - At this stage, it would not..........
Civil Procedure Code, 1908, Order 21, Rule 12 -- Execution - Decree for possession and mesne profits - Determination of mesne profits - Court which passes a decree for possession of land may direct an enquiry as to mesne profits both prior to institution of suit and subsequent thereto - Executing Court cannot assume a jurisdiction which is not vested with it, as executing..........
