Indian Penal Code, 1860, Section 177, Criminal Procedure Code, 1973, Section 345 -- Concealment of order passed in an earlier petition u/s 482 Cr.P.C. - During the existence of that order petitioners preferred a criminal misc. writ petition and sought the same relief - Offence u/s 177 IPC is committed - As the offence was committed in Court and S.345 Cr.P.C. empowers a..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application should be disposed of along with the appeal and not independently thereof - However, order allowing additional evidence cannot be upset in revisional jurisdiction under Article 227 of the Constitution - Objection that document received as an additional evidence is..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Refusal to accept summons in the presence of two witnesses and both the witnesses filed affidavits stating that process server never attempted to serve summons in their presence - In the endorsement of refusal on registered envelope there were cutting and overwriting, hence service not..........
Prevention of Food Adulteration Act, 1954, Section 20, 20A, 17, Criminal Procedure Code, 1973, Section 305, 319 -- Offence by company - Sample of `Fruit Yogurt' was found to be not conforming to standard of `Fruit Yogurt' - Prosecution of directors - Held, provision of S.20A could be used only to summon manufacturer, distributor or dealer - Cognizance could not be taken..........
Negotiable Instruments Act, 1881, Section 138, 142(b), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Limitation - Quashing of proceedings - Notice dated 27.04.2012 clearly shows that complaint was barred u/s. 142(b) of N.I. Act as same was not filed within a period of one month after expiry of 15 days of receipt of notice - Held,..........
Criminal Procedure Code, 1973, Section 438, Essential Commodities Act, 1955, Section 7, 25(1) - - Anticipatory bail - Violation of provision of S.25(1) of Fertilizer Control Order, 1985 punishable u/s 7 of Essential Commodities Act, 1955 - As per Clause 15 of the Punjab Light Diesel Oil and Kerosene Licensing Order, 1978, no police official below the rank of Inspector has..........
Criminal Procedure Code, 1973, Section 200, 202, 204, 155(2), 482 -- Private complaint - Sent to police for enquiry - Inquiry report submitted by police - If Magistrate is to proceed against accused then it is statutory requirement for Magistrate to record statements of complainant and his witnesses by virtue of Ss.200 and 202 Cr.P.C. before issuing process - In the..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Defendant who was proceeded ex parte joining proceedings - Once the defendant joins the proceedings he is entitled to an opportunity to lead evidence - Order denying opportunity to defendant to lead evidence set aside - Trial Court directed to give an opportunity to the defendant to lead evidence...........
Civil Procedure Code, 1908, Order 20, Rule 3, Punjab Panchayati Raj Act, 1994, Section 19 -- Removal of Sarpanch - No confidence motion - Unsigned order - Validity - Petitioner, an elected Sarpanch, removed from his office by an unsigned order - Held, impugned order could be termed only as a draft order - Till draft order is signed by competent authority, it cannot be said..........
Criminal Procedure Code, 1973, Section 190, 200 -- Second complaint on same facts is maintainable when (i) earlier complaint was decided on the basis of insufficient material; (ii) the order was passed without understanding the nature of the complaint; (iii) complete facts could not be placed before the court; (iv) complainant came to know certain facts after disposal of..........
