Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Limitations imposed under section 37 (1) (b) - Scope - Limitations on granting Bail u/s 37 (1) (b) are in addition to the limitation under Criminal Procedure Code, 1973...........
Criminal Procedure Code, 1973, Section 193, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Protection of Civil Rights Act, 1955, Section 7(1)(d) - Jurisdiction of Special Court - Power of special court to take direct cognizance of offence under 1989 Act - Court of sessions designated as special court - Special Judge has no power to..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Court should use power u/s 319 Cr.P.C. sparingly and primarily to advance the cause of criminal justice but not as a handle at the hands of the complainant to cause harassment to the person who is not involved in the commission of the crime - The basic requirement for invoking this Section is..........
Criminal Procedure Code, 1973, Section 313 -- Statement under section 313 is not evidence - It is only stand or version of accused by way of explanation when incriminating materials appearing against him are bought to his notice - No suggestion to P.W. regarding non delivery of shares - Statement u/s 313 about non delivery is of no consequence...........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceedings - Quashing of - While exercising jurisdiction under section 482 Cr.P.C. it is not permissible for the court to act as if it was a trial Judge - Even at the stage of framing of charge, the court has to only prima facie to be satisfied about the existence of sufficient ground for proceedings against the..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Guidelines - (a) Bail should not be refused unless the crime charged is of the highest magnitude and the punishment of it prescribed by law is of extreme severity; (b) Bail may be refused when the Court may reasonably presume, some evidence warranting that no amount of bail would secure the presence of the convict at the..........
Criminal Procedure Code, 1973, Section 439 -- Prevention of Terrorism Act, 2002, Section 50 - Bail - Accused prosecuted under POTA - Cognizance of offence taken on the date on which there was no sanction u/s 50 of POTA - Accused is entitled to bail...........
Indian Penal Code, 1860, Section 306, 498A -- Criminal Procedure Code, 1973 - Section 235 (2) - Sentence - New Plea - Order of conviction and sentence passed on same day - Appellant not seeking adjournment or time for making submission on the sentence - No grievance against passing of conviction and sentence on same day made before High Court either in Memorandum of appeal..........
Civil Procedure Code, 1908 -- Order 9 ,R. 13 - Transfer of Property Act, 1882, Section 52 - Ex parte decree - Lis pendens transferee - Locus Standi to move application for setting aside ex-parte decree - Held that a lis pendens transferee, though not brought on record under Order 22 Rule 10 CPC, is entitled to move an application under Order 9 Rule 13 to set aside a..........
Civil Procedure Code, 1908, Section 9 -- Electricity (Supply) Act, 1948, Sections 49 and 79 - Alternative remedy - Bar of jurisdiction of civil Court - Scheme of Settlement of Disputes of the grievance of consumers framed by the respondent Board in exercise of powers under Section 79(j) r/w Section 49 of the Act - Plea of the respondent Board that plaintiff has not..........
