Criminal Procedure Code, 1973, Section 482 -- The scope and ambit of Court power under Section 482 of the Code are inherent power `ex debito Justicia' to do the real and substantial justice to parties for the administration criminal justice and to prevent the abuse of process of the court...........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 15, Rule 1 -- Consent decree - Appeal - Maintainability - Held, Sub-section (3) of S.96 of the Code enunciates a salutary principle of drawing to a close, once and for all, further litigation arising from out of a decree passed with the consent of the parties - The litigative zeal of the..........
Criminal Procedure Code, 1973, Section 357 -- Compensation - Purpose enumerated in S.357(1)(b) is the same in S.357(3) - The difference being that in a case under sub-section 1, fine imposed forms part of the sentence, whereas, under sub section 3, compensation can be directed to be paid, when fine does not form part of the sentence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(2) -- Dishonour of cheque - Issuance of summoning order - Validity - Plea that Magistrate did not comply with provision of S.204(2) of Cr.P.C. before issuing summoning order - Held, said provision does not create a bar while passing order for summoning accused - It creates a bar only..........
Criminal Procedure Code, 1973, Section 91 -- Production of document - Court has power to require any person in whose possession any document is believed to be, which is required for trial of the case, to attend and produce such document, but the Section nowhere empowers the Court to compel an accused to produce any evidence against him...........
Criminal Procedure Code, 1973, Section 233(3) -- Production of documents - Refusal - Validity - Two applications relating to the calling for the original Note Book of Sonu (deceased) and sending the Mobile Set for forensic examination - Court refused to consider only on the ground that petitioner did not raise his grievance with regard to aforesaid matter in Cr.Misc...........
Criminal Procedure Code, 1973, Section 190, 200 -- Private complaint - Cognizance of offence - Procedure to be followed - Whenever a private complaint is received by a Magistrate, he is placed under obligation to record the sworn statement of the complainant - Whatever may be the extent of application of mind to the facts of the case, recording of statement is treated..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence - Powers of appellate Court - Exercise of - Held, appellate Court may either record further evidence itself or direct it to be taken by trial Court - For permitting additional evidence at the stage of hearing of appeal, appellate Court needed to satisfy that additional evidence that was sought to be adduced..........
Criminal Procedure Code, 1973, Section 482, Customs Act, 1962, Section 110, 111, 135, Indian Penal Code, 1860, Section 379 -- Quashing of complaint - 79 gold biscuits of foreign markings were recovered from the possession of petitioner - Held, mere possession or dealing with such gold, in any manner, is an offence punishable under the Act - Whether the gold biscuits were..........
Criminal Procedure Code, 1973, Section 482, Customs Act, 1962, Section 110, 111, 135 -- Complaint - Quashing of - Scope and jurisdiction of High Court - Held, scope and jurisdiction of this Court for quashing a complaint at the initial stage of the trial under section 482 Cr.P.C. are not res integra - It is well settled proposition of law that in case, on the bare reading,..........
