Criminal Procedure Code, 1973, Section 389 -- Penal Code, 1860, Section 302/149 - Suspension of sentence - Appeal filed by the appellant in the High Court in the year 1997 against conviction u/S.302 with the help of Section 149 IPC and application for suspension of sentence not granted - Application filed in the year 2001 praying suspension of sentence again rejected -..........
Criminal Procedure Code, 1973, Section 320, 482, -- High Court while exercising power under Section 482 Cr.P.C. can allow the compounding of the offence, even in non-compoundable offences, if it is in the interest of parties and in the larger interest of the society...........
Consumer Protection Act, 1986, Section 27, Criminal Procedure Code, 1973, Section 4(2) -- Penalties - Applicability of the provisions of Cr.P.C. - Not expressly made applicable to the proceedings under the Consumer Protection Act - Having regard to the provisions contained in sub-section (2) of Section 4 of the Cr.P.C. the procedural provisions therein shall be attracted...........
Consumer Protection Act, 1986, Section 27, Criminal Procedure Code, 1973, Section 4(2),427(1) -- Penalties - Offender already undergoing sentence for another offence - Plea of the petitioner for directing to run the sentence concurrently rejected by respondent No.2 on the ground that the sentence imposed in the earlier consumer dispute was not directed to run concurrently..........
Constitution of India, 1950, Article 226 -- Dismissal in limine of writ petition - Speaking order - Necessary - Reasons are flesh and blood of judicial adjudication - Such reasons must be shown in orders liable to be challenged in Superior Court - Writ petition disposed of without stating any reason whatsoever and order reads - 'We have heard the learned counsel on merits...........
Criminal Procedure Code, 1973, Section 172(3), 173(5) -- Demand by the applicant accused for copies of statements recorded by police under Section 161 Cr.P.C which are not filed by the prosecution in the court along with the charge sheet and on whom the prosecution is not relying - The demand of the applicant accused held untenable...........
Criminal Procedure Code, 1973, Section 438 -- Penal Code, 1860, Section 406, 498A - Anticipatory bail - Concealment of material facts - Averment by petitioner that he is directly approaching the court for anticipatory bail whereas his application was pending in the Sessions Court - Making the false allegations by petitioner misled the court and application for anticipatory..........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C. - Appellant held to be in possession - Revision against, dismissed - High Court set aside the order holding that respondent had not been given an opportunity to file written statement and adduce evidence - Held, High Court erred in law in exercising its jurisdiction under Section 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Delhi Special Police Establishment Act, 1946, Section 6 - Investigation by C.B.I. - Criminal offence - Allegation of molestation by petitioner a maid servant against an high ranking Police Officer in whose house she was working - State Government ordered inquiry by an officer of coordinating rank - Contention of the State that..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Sub Inspector alleged to have beaten a prisoner to death for extracting a confession - Charge u/s 302 IPC - Contention was worthy to be considered that offence could be covered by S.304 Part I IPC in view of Exception 3 of Section 300 IPC - Applicant deserved to be released on bail of Rs.25,000/- with two solvent..........
