Criminal Procedure Code, 1973, Section 482 -- FIR under Section 7, 13(1)D(2) of Prevention of Corruption Act, 1988 - Sanction - To prosecute - Refused by the then competent authority on 24.03.1995 after due application of mind - Subsequently sanction to prosecute accorded without any fresh materials - No mention in the sanction about the earlier rejection - The reasons for..........
Criminal Procedure Code, 1973, Section 401, 482 -- Charge u/S.498A/406/506/323/34 IPC - Revision Petition - Territorial Jurisdiction - Held that since one of the incident pertaining to offence under Section 498A IPC took place in the territorial jurisdiction of Court at Jalandhar, that court is justified in entertaining the case...........
Criminal Procedure Code, 1973, Section 401 -- Penal Code, 1860, Section 170 - Framing of charge - Expression "to act under the colour of an office" explained and held that it does not necessarily imply that the person who is being impersonated was under a legal obligation to do such act or it was his statutory duty...........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing of proceedings under section 7 read with section 17(1)(i)(a) of Prevention of Food Adulteration Act - Delay in completing trial - Sample taken in February 1986 - Charge framed in March 1987 - In the year 1990 the learned Magistrate again opted to adopt summary procedure - No prosecution witness examined -..........
Arbitration and Conciliation Act, 1996, Section 9, Civil Procedure Code, 1908, Order 11, Rule 12, 14 -- Application U.O.11.Rr.12, 14 CPC - Such application is not maintainable in the proceedings under Section 9 of Arbitration and Conciliation Act...........
Criminal Procedure Code, 1973, Section 389 -- Conviction under Section 307 - Application for Bail - On the basis of medical opinion the plea of the convict that injuries sustained by the injured were simple in nature - There was also observation of the doctor that all the injuries on the person of the injured were on vital parts - Held that the observations of the doctor..........
Criminal Procedure Code, 1973, Section 127 -- Maintenance enhancement of - Learned Chief Judicial Magistrate enhancing the maintenance awarded to the respondents under Section 127 Cr.P.C. from the date of application - Held that the Learned Chief Judicial Magistrate has not fallen into any error in awarding enhanced maintenance from the date of petition...........
Criminal Procedure Code, 1973, Section 401 -- Penal Code,1860, Sections 326/324/323/148 read with Section 149 - Revision against conviction - Statement of injured on oath has been fully corroborated by the eye witnesses and the medical evidence - Moreover in the case of an injured witness, there is an oblique chance of false, implication of a stranger - No infirmity found..........
Criminal Procedure Code, 1973, Section 125, 482 -- Maintenance - Petitioner challenging the relationship with respondent - As not legally wedded wife - Concurrent finding of a fact in respect of relationship of petitioner by trial court by Additional Sessions Judge in revision - Held that a back door entry can hardly be permitted by taking shelter under Section 482 of the..........
Criminal Procedure Code, 1973, Section 401 -- Case under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 - Revision - Additional Sessions Judge setting aside the order of conviction passed by Chief Judicial Magistrate - Remands the matter for conducting fresh trial - Observations made that PW1 never produced for cross-Examination - Statement of Food..........
