Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - While exercising appellate powers, even if two views/conclusions are possible on the basis of evidence on record, appellate Court should not disturb the finding of acquittal recorded by trial Court...........
Drugs and Cosmetics Act, 1940, Section 26A -- Notification to restrict and regulate the sale of a drug - Powers of Central Government - Notification issued largely in public interest - Merely because it does not employ and incorporate a certain language of statue to conclude that it is risky to human beings and animals would be of no consequence - Such notification is also..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Revisional powers of High Court or Sessions Judge would be attracted if order was not purely interlocutory but intermediate or quasi final...........
Motor Vehicles Act, 1988, Section 173 -- Appeal - As a First Appellant Court, it is duty of High Court to decide appeal keeping in view the powers conferred on it by statue - High Court upheld the award of Tribunal without deciding all issues as required u/s 96 CPC and without satisfying the requirements of O.20.R.4(2) and O.41.R.31 CPC - Impugned judgment of High Court..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise in non compoundable offence - High Court has inherent powers u/s 482 Cr.P.C. to quash criminal proceedings even in no, compoundable offence on the basis of compromise...........
Power of Attorney Act, 1882, Section 2 -- Power of Attorney - By executing a power of attorney donor creates an agency by which he authorises the donee to perform certain acts on his behalf - These acts, when performed by the donee, are as effectual as acts are done by the donor himself - All acts, deeds and things done by the donee subject to the limitations contained in..........
Delhi Co-operative Societies Act, 2003, Section 8, 105 -- Power of Registrar to make decision - Petitioner/Society challenging order of Registrar - Order of Registrar directing not to take any major financial or policy decision during time when administrator exercises his powers over the society does not warrant interference...........
Trade Marks Act, 1999, Section 131 -- Extension of time to file notice of opposition - Registrar`s powers regarding extension of time are ministerial, and no hearing is required for the same...........
Criminal Procedure Code, 1973, Section 155(2) -- Investigation - District Collector has no power or authority to order an investigation u/s 155(2) Cr.P.C. - Even by exercising powers of an Executive Magistrate, a District Collector cannot order an investigation under the said provision as Executive Magistrate is not a Magistrate having power to try such case or commit the..........
Criminal Procedure Code, 1973, Section 156(3), 202 -- Scope - Difference between the two provisions of Ss.202, 156 Cr.P.C. - Powers u/s 156(3) Cr.P.C. can be invoked by Magistrate at a pre-cognizance stage - Whereas, powers u/s 202 Cr.P.C are to be invoked if cognizance is taken before a complaint but before issuance of process...........
