Criminal Procedure Code, 1973, Section 228, 229, 482 -- Framing of charge - Production of documents - Trial Court cannot allow accused to produce any document at the stage of framing charges - However, High Court has such power to allow the accused under section 482 of the Code or under Article 226 of the Constitution...........
Motor Vehicles Act, 1939, Section 68C -- Motor Vehicles Act, 1988, Sections 80 and 100(4) - Civil Procedure Code, 1908, Section 11 - Grant of permits - Draft scheme - Res judicata - Draft scheme dated 13.02.1986 prepared by UPSRTC under the old Act of 1939 - Whether the said scheme had lapsed under sub-section (4) of Section 100 of the 1988 Act specifically considered by..........
Criminal Procedure Code, 1973, Section 357, Indian Penal Code, 1860, Section 409 -- Reduction in sentence - Cashier Co-operative Society embezzled Rs.18,294/- and convicted under section 409 IPC - Period of trial, appeal and revision stretched to 24 years - Sentence reduced from 3 years to already undergone (2 months) - Accused directed to deposit a sum of Rs.90,000/- over..........
Constitution of India, 1950, Article 163 -- Criminal Procedure Code, 1973, Section 197 - Prevention of Corruption Act, 1988, Sections 19 and 13 - Sanction for prosecution - weather a Governor can act in his discretion and against the aid and advice of Council of Ministers in a matter of grant of sanction for prosecution of ministers for offences under the Prevention of..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C. - It is imperative on the court to record the statement under Section 313 Cr.P.C. of the accused persons so as to give opportunity to the accused persons to explain any incriminating circumstance proved by the prosecution - If such opportunity is not afforded, the incriminating piece of..........
Criminal Procedure Code, 1973, Section 439 -- Indian Penal Code, 1860, Section 376, 313, 315 and 506 - Bail - Accused, a self proclaimed sidh/saint - He exploited the prosecutrix and impregnated her several times because of which she gave birth to four children and there were abortions thrice - None of the children so born survived - Skull of a child recovered during..........
Civil Procedure Code, 1908, Section 104(1)(2), 4, 100A, Order 43, Rule 1 -- Prior to 1976, 2002 amendment - Letters Patent, Cl.15 (Madras) - Order of Signal Judge in appellate jurisdiction - Letter Patent Appeal - Maintainable - Appeal under Cl.15 of LPA of High Court is one provided by law for time being in force - And at relevant time S.100-A did not bar such an appeal -..........
Registration Act, 1908, Section 77, Civil Procedure Code, 1908, Section 80 -- Refusal to register document - Suit under section 77 - Proceeding is in nature of appeal from order of refusal to register - Question of issuing notice under section 80 CPC does not arise...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307 -- Anticipatory bail - Offence under Section 307 IPC - Discretion to grant pre-arrest bail could be exercised only if the offence alleged to be committed is not grave and there is no need of custodial interrogation - Keeping in view the nature of charges, motive and obvious need of custodial..........
Criminal Procedure Code, 1973, Section 133 -- For operation of the provision it must be shown that the interference with public comfort was considerable and a large section of the public was affected injuriously...........
