Civil Procedure Code, 1908, Section 16 -- Proviso - Proviso is an exception to the main part of the section - Proviso cannot be interpreted or construed to enlarge the scope of the principal provision - It applies only if the suit falls within one of the categories specified in the main part of the section and the relief sought could entirely be obtained by personal..........
Drugs and Cosmetics Act, 1940, Section 27 -- Criminal Procedure Code, 1973, Section 482 - Quashing of complaint - Drug contaminated - Report of Government analyst showing fungus in it - Whether fungus developed naturally or on account of manufacturing defect cannot be decided in proceedings u/S.482 Cr.P.C - There is no material to hold that fungus cannot relate to any act..........
Criminal Procedure Code, 1973, Section 300 -- Prevention of Corruption Act, 1988, Section 13(2) - Double jeopardy - Whether proceedings could be initiated against the petitioners after the same were dropped earlier - Held yes - Petitioner faced trial in corruption case - However, proceedings were dropped in view of judgment of High Court taking view that Inspector,..........
Criminal Procedure Code, 1973, Section 319 -- Summoning as additional accused - Non-speaking order - Non recording of any reasons, or any satisfaction, in terms of Section 319 Cr.P.C. - Order liable to be set aside -Matter remitted to trial Court to decide the application afresh...........
Criminal Procedure Code, 1973, Section 433, 433A, 418, Indian Penal Code, 1860, Section 302, Prisoners Act, 1900, Section 32 -- Sentence of imprisonment for life - Prison authorities are bound to keep the person who is sentenced to imprisonment for life in jail - Section 32 of Prisons Act is not relevant after transportation was substituted by imprisonment for life by Act..........
Criminal Procedure Code, 1973, Section 215, 464, 465 -- Penal Code, 1860, Section 304-A - Charge - Error in charge - Error in number of vehicle in charge - Entire evidence mentioned correct number for which the petitioner was convicted - It was corrected during the trial - Accused knew the number of vehicle recovered from him in connection with the case - Accused had full..........
Civil Procedure Code, 1908, Section 11 - - Res judicata - Constructive res judicata - In the previous litigation the right of defendant No.1 crystallized - All questions including question of registration of decree ought to have been raised in those proceedings but were not raised - Held that such a question would be deemed to have been raised and decided against defendant..........
Indian Penal Code, 1860, Section 326, 325, 324, 323, 34 -- Criminal Procedure Code, 1973, Section 357 - Sentence - Reduction in sentence -Compensation - Conviction u/S.326, 325, 324, 323 r/w 34 IPC maintained -Incident 22 years old - Appellants remained in custody for some time after their appeal dismissed - Sentence of two years Rl reduced to already undergone if fine of..........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending information to Magistrate - While it is true that Section 157 Cr.P.C. makes it obligatory on the Officer Incharge of the Police Station to send the information to the Magistrate's Court forthwith but that does not mean and imply to denounce and discard an otherwise positive and trustworthy evidence on record...........
Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 121, 121A -- Sanction - Waging war - Non application of mind by sanctioning authority - Inclusion of section 120-B for which no sanction was required and inclusion of section 124 which has no application - Whether amounts to non application mind - Held No - Meticulous and legalistic examination..........
