Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, 36B, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence pending appeal under NDPS Act - S.32A of NDPS Act overrides all provisions of Cr.P.C. - High Court cannot suspend sentence of convicted persons under NDPSA during pendency of appeal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, 36B, Criminal Procedure Code, 1973, Section 432, 433, 434 -- Suspend, commute and remit sentence - Power of Government - S.32A of the NDPS Act overrides all the provisions of Cr.P.C. and it would have an overriding effect with regard to the powers of suspension, commutation and remission provided under the..........
Advocate -- Professional misconduct - In the pretext of Court fee misappropriation of amount - Misguided as regards progress of case - Subsequent refund of amount with interest by cheque - Dishonour of cheque - Legal notice alleging misconduct - Receipt admitted but remained unreplied - Defence that receipt for amount and cheque towards refund not issued by appellant and..........
Advocates Act, 1961, Section 35, 38 -- Bar Council of India Rules, Rr.47, 48 - Professional misconduct - It is in the nature of quasi criminal charge - Requires to be established not be preponderance of probabilities but beyond reasonable doubt - Charge that Advocate carried on taxi business - At the time of enrolment he had owned taxis - Plea of Advocate that after..........
Haryana Panchayati Raj Act, 1994, Section 51(1) -- Suspension of Sarpanch as a case under Sections 430/379 Indian Penal Code registered against him for unauthorised use (theft) of canal water - Unauthorised use of canal water - Not an offence - Offence alleged, theft (unauthorised use) of canal water - Does not constitute moral turpitude - No suspension can be ordered on..........
Haryana Panchayati Raj Act, 1994, Section 51(1) - - Suspension of Sarpanch in a case not involving moral turpitude - Cannot go beyond six months. Editorial Note. - 1998 (1) PLJ 587 Upheld...........
Haryana Panchayati Raj Act, 1994, Section 51(1)(a) -- Suspension of Sarpanch - Registration of a case under Sections 332/353/186/147/149 IPC against Sarpanch - Plea that offences alleged not such that might involve moral turpitude - Not tenable - If offence committed by a Sarpanch such that it may embarrass him in discharge of his duties or may reflect defect of his..........
Haryana Panchayati Raj Act, 1994, Section 51(1)(a) -- Suspension of Sarpanch - Registration of a case under Sections 332/353/186/147/149 IPC against Sarpanch - Plea that offence committed by Sarpanch does not fall in the list of offences involving moral turpitude under Instructions issued by Haryana Government - Not tenable - Instructions issued by Haryana Government..........
Criminal Procedure Code, 1973, Section 389 -- Penal Code, 1860, Section 304B/34 - Appeal against conviction - Suspension of sentence - Petitioner already gone imprisonment for more than 3 years and 7 months of the sentence of 10 years - Appeal not likely to be heard in near future - Sentence awarded and fine imposed suspended during the pendency of the appeal...........
Haryana Panchayati Raj Act, 1994, Section 51(3)(c) - - Removal of Panch (Up - Sarpanch) - Speaking order - Necessary - Before taking extreme step to remove a person from office of Panch - Director or Deputy Commissioner required to pass a detailed and self - speaking order - Order of removal does not disclose details of evidence sufficient to pass order nor whether placed..........
