Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Double jeopardy - There is nothing in the Cr.P.C. to suggest that the court is obliged to hear the accused while considering application for further investigation under Section 173(8) of the Cr.P.C - Further investigation is merely a continuation of the earlier investigation - Hence, it cannot be said..........
Prevention of Corruption Act, 1988, Section 13(1)(a), 17 -- Quashing of prosecution - The Second proviso to Section 17 of the Act directs that the offense referred to under Section 13(1)(e) of the Act shall not be investigated without the order of a police officer not below the rank of a Superintendent of Police - There is no such order of the police officer not below the..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Double jeopardy - There is nothing in the Cr.P.C. to suggest that the court is obliged to hear the accused while considering application for further investigation under Section 173(8) of the Cr.P.C - Further investigation is merely a continuation of the earlier investigation - Hence, it cannot be said..........
Indian Penal Code, 1860, Section 364A, 307, 149 -- Offence u/ss 364A, 307, 149 - No evidence is available on the record to show the source of knowledge on the part of the informant or the details in respect of demand of ransom by the accused persons/appellants, as the alleged ransom letter is not proved - Even PW3, the victim, nowhere states in respect of any threatening..........
Indian Penal Code, 1860, Section 364A, 307, 149 -- Offence u/ss 364A, 307, 149 - No evidence is available on the record to show the source of knowledge on the part of the informant or the details in respect of demand of ransom by the accused persons/appellants, as the alleged ransom letter is not proved - Even PW3, the victim, nowhere states in respect of any threatening..........
Indian Penal Code, 1860, Section 364A, 307, 149 -- Nature of offence - Offence u/ss 364A, 307, 149 IPC - Whether the evidence on record satisfies the ingredients of Section 365 of IPC - When the boy was retrieved inside the kuthia, his hands were tied with rope and mouth was also closed with some cloth and the rope was opened by the police and the said rope and cloth have..........
Indian Penal Code, 1860, Section 364A, 307, 149 -- Nature of offence - Offence u/ss 364A, 307, 149 IPC - Whether the evidence on record satisfies the ingredients of Section 365 of IPC - When the boy was retrieved inside the kuthia, his hands were tied with rope and mouth was also closed with some cloth and the rope was opened by the police and the said rope and cloth have..........
Indian Penal Code, 1860, Section 366 -- Kidnapping - Mere abduction does not bring accused under ambit of penal section - S.366 IPC applies when woman abducted has no intention of marriage or lawful intercourse when abducted...........
Labour law -- Tribunal held that employees working as Super visors are entitled to Double Over Time Allowance - Claim of the respondents before the Tribunal was not based on any statutory rule but based entirely upon Section 59(1) of the 1948 Act - Workers covered by Factories Act do not enjoy the benefit of Government service - Therefore, Persons holding civil posts or..........
Labour law -- Tribunal held that employees working as Super visors are entitled to Double Over Time Allowance - Claim of the respondents before the Tribunal was not based on any statutory rule but based entirely upon Section 59(1) of the 1948 Act - Workers covered by Factories Act do not enjoy the benefit of Government service - Therefore, Persons holding civil posts or..........
