Criminal Procedure Code, 1973, Section 389 -- Conviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - Suspension of sentence - Bail - Provisions of Section 50 not complied with - Not brought in evidence whether memo Ex.PB. which was thumb marked by the accused petitioner was read over and explained to him in the presence of an independent..........
Civil Procedure Code, 1908, Section 151, 152, Order 47, Rule 1, Land Acquisition Act, 1894, Section 28A, 18 -- Compensation awarded by Land Acquisition Collector cannot be enhanced by District Judge by entertaining application under Order 47 Rule 1 read with Section 151 of the Code - District Judge does not have jurisdiction to review award made by it which has become..........
Criminal Procedure Code, 1973, Section 4, 5 -- Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) - Criminal Complaint - Petition for quashing - Within the purview of Section 5 Cr.P.C. the Special Judge could not take cognizance of the matter under Section 3(1)(X) of the Act directly because there is no enabling special provision..........
Criminal Procedure Code, 1973, Section 167(2) -- Bail - Petitioner arrested for the offence under sections 364, 346 IPC -During the investigation offence under sections 302/120B IPC added - Bail under section 167(2) of the Code granted to the petitioner in the case itself - Mere fact that subsequently a charge-sheet under section 364/346 IPC or that on an application made..........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 12(2), 20A(2), Criminal Procedure Code, 1973, Section 465 -- Sanction - Irregular - An error or irregularity in a sanction may vitiate prosecution only if such error or irregularity has occasioned failure of justice - Held, on facts, that sanctioning authority intended to launch prosecution for offence of..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227 -- When complaint does not make out any case - Accused can approach High Court under Section 482 Cr.P.C. or Article 227 Constitution to have proceeding quashed against him - Held, on facts, High Court not justified in holding that appellants should approach the Court for their discharge..........
Criminal Procedure Code, 1973, Section 306(4)(a), 307 -- Approver - Accused granted pardon after case committed to Court of Sessions - It is not necessary to comply with sub-section (4)(a) of S.306 of the Code - Non examination of approver as a witness after grant of pardon does not vitiates entire proceeding...........
Criminal Procedure Code, 1973, Section 465 -- Pardon to accused tendered by a Court of incompetent jurisdiction - Provisions of Section 465 held not applicable...........
Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41 -- Second appeal - When law prescribes as to how jurisdiction is to be exercised and power is conferred for that purpose, it has to be exercised that way - For a second appeal to be maintainable, it has to satisfy the parameters as laid down in Section 41 of the Punjab Courts Act or Section 100 of..........
Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952, Section 10 -- Rectification of any accidental slip, clerical or typographical mistake in the order passed by the Authorities under the Act - Civil Court has no jurisdiction - Section 10 bars jurisdiction of any Court or Officer or Authority to go into validity of award or order made to which finality is..........
