Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), 14, Criminal Procedure Code, 1973, Section 193, 209 -- Special Judge - Sessions Judge specified as Special Judge - Sessions Judge cannot take cognizance of offence as Court of original jurisdiction - Case has to be committed by a Magistrate...........
Consumer Protection Act, 1986, Section 15, Penal Code, 1860, Section 193, Criminal Procedure Code, 1973, Section 340,195 -- Only averment made by the complainant/appellant before the District Forum was that affidavits of the officials of the OP being contrary to the factual position on record - No application moved by complainant seeking initiation of the inquiry under..........
Indian Penal Code, 1860, Section 193, Criminal Procedure Code, 1973, Section 340 -- False evidence given in Court - Complaint for perjury - To be lodged only in those cases where it appears to be deliberate and conscious and the conviction is reasonably probable or likely - There must be a prima facie case of deliberate falsehood on a matter of substance and the Court..........
Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 193 -- False evidence given in Court - Court concerned has to record a finding that lodging of complaint is expedient in the interest of justice...........
Indian Penal Code, 1860, Section 193, Criminal Procedure Code, 1973, Section 482, Income Tax Act, 1961, Section 276C(1), 227, 278B -- Income-tax return - Concealment of income - Penalty imposed and criminal complaint filed - Penalty quashed by Income Tax Appellate Tribunal on a finding that there is no concealment of income by the assessee - Prosecution cannot be sustained..........
Criminal Procedure Code, 1973, Section 195, 340, 156(3), 193 -- Affidavit - Genuineness doubted - Sessions Judge - Can't direct enquiry/investigation by CJM or Police - If prima facie satisfied then a complaint in writing has to be sent to a Magistrate of the first class having jurisdiction...........
Criminal Procedure Code, 1973, Section 193, 465, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(2) -- Taking cognizance by a Court of competent jurisdiction without committal order - Trial not vitiated - If objection raised at the earliest occasion then specified Court has to exercise jurisdiction either for sending the records to..........
Criminal Procedure Code, 1973, Section 193 -- Sessions Court - Taking of cognizance - Court of Sessions cannot take cognizance of any offence directly without the case being committed to it by a Magistrate - There are two exceptions (i) When the Code itself provides differently in express language regarding taking of cognizance and (ii) When any other law has provided..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(x), 14, Criminal Procedure Code, 1973, Section 4, 5, 193 -- Offence under the Act - Sessions Court though a `Special Court' under the Act yet it cannot take cognizance without the case being committed to it by a Magistrate - A complaint or charge sheet cannot straightway be laid before..........
Indian Penal Code, 1860, Section 193, Criminal Procedure Code, 1973, Section 195, 340 -- Perjury - Supreme Court cannot under Article 142 convict an accused for an offence u/s 193 without following procedure prescribed u/s 195 r/w S.340 Cr.P.C. - Procedure prescribed under Section 195 r/w S.340 Cr.P.C. should be followed for prosecution of offence under S.193 IPC...........
