Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court dismissed appeal by holding that it was a possible view - No discussion as to why it is so - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court simply referred to the conclusions of the trial Court to come to a conclusion that the same cannot be termed to be unreasonable or perverse - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 477, Rule of - - Order sheet - Whether confidential and are not strictly judicial? - Held, order sheet maintained by Magistrate in which events that take place before court on a given date of posting are truly recorded cannot be said to be "copies of correspondence or of proceedings which are confidential and are not strictly..........
Criminal Procedure Code, 1973, Section 145 -- Order of attachment cannot be passed without there being a preliminary order which satisfies the conditions laid down in the Act...........
Criminal Procedure Code, 1973, Section 145 -- Order of attachment - Before initiating proceedings u/s 145 Cr.P.C. a preliminary order has to be drawn containing the ingredients viz. (a) That a dispute is likely to be caused breach of peace exists in respect of the land; (b) He must record the satisfaction in the order that the dispute is likely to cause breach of peace in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 204 -- Dishonour of cheque - Issuance of process - Respondent was not examined u/s 200 of the Code and Magistrate relying upon affidavit filed by respondent issued process against petitioner - Held, this exercise undertaken by Magistrate cannot be sustained - Order issuing process..........
Civil Procedure Code, 1908, Section 115 -- Revision - Even if a wrong order is passed by a Court having jurisdiction to pass an order in such cases, the revisional Court will not interfere with such an order unless a jurisdictional error is pointed out and established by the person who questions such order...........
Customs Act, 1962, Section 108, Criminal Procedure Code, 1973, Section 438 -- Blanket anticipatory bail - Respondents were summoned by Customs Officials u/s 108 of the Act for recording of their statements - High Court held that their applications for anticipatory bail were premature but Custom authorities directed that in case they file any non-bailable offence against..........
Criminal Procedure Code, 1973, Section 239, 240 -- Framing of charge - Strong suspicion about commission of offence - Held, that if there is strong suspicion about commission of offence and involvement of accused it is sufficient for Court to frame charge - At this stage there is no necessity of formulating the opinion about the prospect of conviction - Appeal allowed -..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - An appellate Court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded...........
