Criminal Procedure Code, 1973, Section 2(wa) -- Victim - Meaning - Victim is an aggrieved person not only in a crime, but also in an investigation, enquiry, trial, appeal, revision, review and also the proceedings by which the inherent powers of High Court u/s 482, Cr.P.C. are invoked...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Powers of appellant Court - Appellant Court has no power to grant relief to a no, appealing defendant who lost his counter claim...........
Criminal Procedure Code, 1973, Section 97, Hindu Minority and Guardianship Act, 1956, Section 6 -- Search warrants - Custody of minor - Father forcibly removed his suckling child of 18-1/2 months from custody of his mother - Act of father of placing the child beyond the reach of mother tantamounts to confinement of child giving rise to an offence - Issuance of search..........
Criminal Procedure Code, 1973, Section 173(2), 397, 398, 399, 400, 401 -- Police report - Magistrate went through the entire records of case not limiting to police report and passed a reasoned order that it is not fit case to take cognizance for purpose of issuing process - Unless order passed by Magistrate is perverse or view taken by Court is wholly unreasonable,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 251 -- Dishonour of cheque - Quashing of proceedings - Accused having alternate and efficacious remedy to urge the pleas before trial Court at the time of framing notice u/s 251 Cr.P.C., - Inherent powers of Court not required to be invoked to quash proceedings arising out of..........
Agreement to sell -- Sale by attorney in favour of his relatives - Attorney exercising powers commensurate with authority so assigned - There was no bar of alienation by the principal through attorney in favour of any person - Merely because transaction by attorney is in favour of his relations does not ipso facto be termed as a fraudulent one...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First Appeal - Court to decide first appeal keeping in view the scope and powers conferred on it under S.96 read with O.41.R.31 CPC - Judgment of appellate Court shall state : (a) the points for determination; (b) the decision thereon; (c) the reasons for the decision; and (d) where the decree appealed from is..........
Andhra Pradesh (Telangana Area) Land Revenue Act, 1317F, Section 166B -- Revision - Suo motu revisional powers exercised after 50 years of fraudulent revenue entries made - Government allowed disputed land for housing sites in year 1991 and issued notice regarding fraudulent entry as late as in year 2004 - Suo motu revision after long lapse of time even in absence of any..........
Constitution of India, 1950, Section 226 -- Writ jurisdiction - Fixation for rates of External Development Charges - Decision of State Government to revise External Development Charges, Change of Land Use, Permission Fee/License Fee and Social Infrastructure Fund charges is in exercise of executive powers of state - Note in Notification is also matter of policy of state..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers of High Court - High Court should not ordinarily embark upon inquiry whether the evidence in question is reliable or nor or whether on a reasonable appreciation of it accusation would not be sustained, are the functions of trial judge to do so - High Court must be careful to see that its decision in exercise of..........
