Criminal Procedure Code, 1973, Section 468, 482 -- Petition for quashing - Limitation - FIR registered under section 7 read with section 10 of the Haryana Regulation of Urban Area Act on 29.12.1995 - Alleged sales on the ground of which FIR registered are between 11.06.1992 to 30.06.1992 - Held that the FIR registered on 27.12.1995 is beyond three years and in these..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 340 -- Dishonour of cheque - Accused producing receipt showing payment - Contention of complainant that receipt is forged - Enquiry by Court under Section 340 Cr.P.C. initiated - Proceedings under Section 138 cannot be stayed pending enquiry - Scope of both the proceedings is different...........
Criminal Procedure Code, 1973, Section 482 -- Constitution of India, 1950, Articles 226/227 - Quashing - The High Court while exercising the inherent powers under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India is not competent to quash the proceedings where the investigation is complete and the challan has been filed..........
Criminal Procedure Code, 1973, Section 167(2) -- Bail - Confession of - Not indefeasible right - This right on account of the default of prosecution when it did not file the challan within the statutory period of 60/90 days - This right comes to an end with the filing of challan - If the accused has got bail before the filing of the challan his bail can be cancelled only..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing of complaint - Of offence under Section 409 - During investigation complainants filing affidavit before police that they have received money and compromised the matter - Held that the police in cognizable no, compoundable offence are duty bound to conduct the investigation according to law and file the..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32 -- Mandatory injunction - Execution of decree - Decree passed for restoration of possession - Decree holder has a right to execute the decree - The executing Court can issue warrant of possession - Objector cannot turn round to say that the decree is not executable by issuing warrant of possession - Decree has been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Criminal Procedure Code, 1973, Section 313 - Appeal against conviction - Link evidence - Not put to the appellants when examined under Section 313 Cr.P.C. - Cannot be considered by the Court for convicting the appellants - Since this link evidence cannot be considered,the report of the Chemical Examiner..........
Criminal Procedure Code, 1973, Section 401 -- Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) - Conviction - Revision against - Public Analyst not declared in the report the details of the colour matters which were in the contravention of the Food Health Authority - Notification - What are the unpermitted basic coaltar dye regarding which the violation has..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of Sentence - Conviction under Section 15 of NDPS - Petitioner has already undergone more than one year's sentence - There is no likelihood that his appeal can be taken for adjudication in near future - Sentence suspended and given bail for one year...........
Criminal Procedure Code, 1973, Section 173(2) -- CBI filing final report under section 173 Cr.P.C. before Magistrate seeking closure of case - Notice not issued to informant i.e. UPSC - Held that as per law laid down in Bhagwant Singh's case, the issuance of a notice by Magistrate to the informant at the time of consideration of the final report is a must..........
