Contempt of Courts Act, 1971, Section 19 -- Appeal - Framing of charges against contemnor - No appeal shall lie against order - Held that: (i) Only one statutory right of appeal u/S.19 of Act is available to contemnor; (ii) Appeal u/S.19(1) of Act is maintainable only if some bone of contention is decided and adverse finding is recorded by High Court in exercise of..........
Criminal Procedure Code, 1973, Section 482, 464, 218, 216, West Bengal Government Land (Regulation of Transfer) Act, 1993, Section 11(j), 26 -- Quashing of proceedings - Framing of composite charge of offences - Defect in framing charge - If any, is an irregularity curable by trial Court on prayer of party or on his own motion and it is not an illegality which may vitiate..........
Telecom Regulatory Authority of India Act, 1997, Section 11, Constitution of India, 1950, Article 14 -- Spectrum auction - Notice - Decision relating to framing of policy for NIA - Central Government has ultimate authority to take decision relating to framing of policy for NIA and any recommendations of authority is not binding on Central Government - Moreover, such..........
Criminal Procedure Code, 1973, Section 227, 173 -- Discharge - Two charge-sheets filed for same offence - Two Sessions trials relating to same case - All accused were charge-sheeted for commission of identical offences - Even all witnesses in both trials were same and has not supported prosecution case - Trial Court rightly considered statement of witnesses of charge sheet..........
Drugs and Cosmetics Act, 1940, Section 27(B)(i), 27(C) -- Drug/injection - Sub-standard quality - Offence by partnership firm - Vicarious liability - Petitioner was a sleeping partner of a supplier firm and did not actively participate in the conduct of business - Nothing on record to show that petitioner was involved in day-to-day business of firm - Petitioner cannot be..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 302, 201, 34 -- Discharge of accused at the stage of framing charge - There is strong suspicion against involvement of accused in the crime - To discharge the accused at this stage on the available materials on record would amount to shutting the case of prosecution, which is yet to examine its..........
Civil Procedure Code, 1908, Order 20, Rule 16, Civil Procedure Code, 1908, Order 11, Rule 14 -- O.20.R.16 CPC and O.11.R.14 CPC, operate in different field for which framing of preliminary decree is sine qua non for establishing fact in issue...........
Constitution of India, 1950, Article 226 -- Judicial review - Powers - News report regarding breach of security at airport - Suo motu cognizance by High Court and registration of PIL - It is not for the Court in exercise of its powers of judicial review to suggest policy which it considers fit - Even, formulation of suggestions by High Court for framing National Security..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - All objections in terms of O.21.R.97 CPC are not necessarily to be decided by way of following proper procedure - Any frivolous objection cannot be decided by way of adopting procedure of framing issues and allowing the parties to lead evidence just to delay execution of decree in question...........
Constitution of India, 1950, Article 136, 142 -- High Court issued directions in the nature of legislation or policy - Held, Court cannot take steps for framing policy...........
