Criminal Procedure Code, 1973, Section 190, 468, Copyright Act, 1957, Section 63 -- Cognizance of offence - Limitation - Offence u/s 63 of Copyright Act - Cognizance of offence taken long after 3 years of occurrence took place or the matter reported to police - Reason for causing delay neither ascribed not being discussed - Impugned order of taking cognizance held,..........
Criminal Procedure Code, 1973, Section 468 -- Limitation - Offence on which charge was filed or offence for which cognizance is taken is determining factor to compute period of limitation - Mode of computing period of delay basing on offence under which FIR was registered by Magistrate is inapposite under law...........
Criminal Procedure Code, 1973, Section 397(3), 482 -- Dismissal of revision - There is no bar u/s 397(3) Cr.P.C. to exercise inherent jurisdiction u/s 482 Cr.P.C even if criminal revision is dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Jurisdiction of court to grant bail is circumscribed by the provision of S.37 of NDPS Act - Limitations on granting of bail specified in S.37(1)(b)(ii) of the Act are in addition to the limitations under Code of Criminal Procedure, 1973, or any other law for the time being in force on granting of..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Scope - S.195(1)(b)(ii) Cr.P.C. is attracted only when offences enumerated therein are committed with respect to a document after it has been produced or given in evidence in a proceeding in any Court i.e. during the time when the document was in custodia legis and not when offence was already been committed earlier..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Bail - Recovery of 90 vials of codispan cough syrup - Each vial of codispan cough syrup contained 10 mg codeine phosphate - Codeine is a derivative of opium and it is having one time addiction - Petitioner purchased drugs for selling the same - He was running the..........
Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20(2) -- Double jeopardy - Order of conviction or acquittal passed by foreign Court - Jurisdiction of Indian Courts - Indian Courts cannot look into the matter as it will have devastating result of depriving a person of his right under Art.20(2) of Constitution and S.300 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Statements recorded u/s 161 Cr.P.C. and material collected during investigation cannot be taken into account as evidence for summoning accused - It is only evidence recorded during trial which can form basis for exercise of powers u/s 319 Cr.P.C...........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 482, 320 -- Matrimonial dispute - Husband declared proclaimed offender (PO) - Compromise - Wife stated that compromise is out of her own free will, without any coercion or pressure - Plea of husband that order declaring him PO is in violation of provisions of law as he was admittedly in USA..........
Criminal Procedure Code, 1973, Section 88 -- Provision of S.88 of the Code does not confer any right on any person, who is present in a Court - Discretionary power given to Court is for the purpose and object of ensuring appearance of such person in that Court or to any other Court into which the case may be transferred for trial...........
