Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 482 -- Illegal gratification - Sanction - High Court in exercise of its power u/s 482 Cr.P.C. is not to assess the sanction order as if it were sitting in appeal or revision for a sanction to be valid...........
Indian Penal Code, 1860, Section 500, Criminal Procedure Code, 1973, Section 482 -- Complaint u/s 500 IPC as complainant was discharged in a criminal case u/s 167(5) Cr.P.C. - Allegations made in the complaint making out a case for proceeding against the accused u/s 500 IPC as thereby imputation concerning the respondent had been made intending to harm or knowing or having..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Presumption of innocence of accused is further reinforced by order of acquittal - Finding of trial Court can be reversed only for very substantial and compelling reasons...........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - (1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded; (2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Version in conflict with public document sought to be deleted so as to bring the earlier statements in conformity with the documents - Order allowing amendment, upheld...........
Drugs and Cosmetics Act, 1940, Section 18(c), 27(b)(ii), 3(b), Criminal Procedure Code, 1973, Section 482 -- Manufacturing, selling and storing of a drug which falls within definition of S.3(b) of the Act without a manufacturing licence - Application for licence filed - Mere filing application for licence does not entitle accused to manufacture and or sell the concerned..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Limited duration - Anticipatory bail order should be of limited duration only and on the expiry of that duration or extended duration the Court granting anticipatory bail should leave it to the regular Court to deal with the matter on an appreciation of evidence placed before it after investigation has made..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Reason to believe - Anticipatory bail can be granted if applicant can show that he has reason to believe that he may be arrested in non bailable offence - Mere fear is not 'belief' for which reason is not enough for the applicant to show that he has some sort of vague apprehension that someone is going to..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Interim order during pendency of application - An interim order retraining arrest, if passed while dealing with an application u/s 438 of the Code will amount to interference in the investigation, which cannot at any rate, be done u/s 438 of the Code...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Applicant very elaborately dealt with and touched upon various relevant and important aspects - Trial Court in a slipshod manner without considering such aspects in their proper perspective did not return definite findings whether or not the plaint disclosed a cause of action or whether the suit based..........
