Criminal Procedure Code, 1973, Section 181(4) -- Complaint under section. 406 IPC - Summoning order - Territorial jurisdiction - Petition for quashing - Held that in view of the provisions of Section 181(4) Cr.P.C. the Court at Morad Nagar, where the property was entrusted and being retained has the jurisdiction to try the case. The mere fact that the complainant after..........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968, Section 30(3) - Question of facts - Quashing proceedings - The defence which are taken by the dealer u/S.30(3) of the Insecticides Act are the defences of facts, which can only be proved by leading evidence before the Magistrate and inquiry cannot be embarked upon by the High Court while exercising the..........
Civil Procedure Code, 1908, Section 96, Order 23, Rule 3 -- Maintainability of appeal - Always open to a party to suit to contend that there has been no compromise or adjustment - Such denial if made - Court has to satisfy itself and decide said question - Court passed judgment and decree in tune with compromise while determining said question - Such judgment and decree..........
Constitution of India, 1950, Article 226, 227 -- Criminal Procedure Code, 1973 - Section 482 - Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 4 - Furlough - Temporary release can be denied to a prisoner only in the event where his release would endanger the security of the State or maintenance of public order. But the mere fact that the release of..........
Criminal Procedure Code, 1973, Section 482 -- Haryana Good Conduct Prisoner's (Temporary Release) Act, 1988, Section 3(1)(b), 3(2)(b) and 3(2)(c) - Parole - The executive instructions issued by the department against the grant of parole on more than one occasion for the purpose specified in Section 3(1)(b) cannot be made a ground to deny the benefit of parole to the..........
Criminal Procedure Code, 1973, Section 401 -- Punjab Excise Act, 1914, Section 61(1)(a) - Revision - Production of case property - During the course of trial when the evidence was recorded, the prosecution did not produce the lahan that was recovered - Held that it may not be mandatory in all cases to produce the case property. If prejudice is caused to a person by non..........
Criminal Procedure Code, 1973, Section 482 -- Prevention of Food Adulteration Act, 1954 - Section 13(3) - Complaint - Petition for quashing - The complaint as such will not be quashed simply because another report of the Central Food Laboratory which is little at variance with that of the Public Analyst has been received...........
Criminal Procedure Code, 1973, Section 401 - - Section 21 - Revision against framing of charge and summoning order - The contents of Codeine and other substances in the tablets found in possession of the petitioner were far below the permissible limit. The petitioners had the necessary licence and consequently the trial Court held not justified in framing the charge. The..........
Criminal Procedure Code, 1973, Section 482 -- Complaint - Summoning order - Petition for quashing - Complaint under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 14 - Special Court - Cognizance of offence - Special Court under the Act can directly entertain the complaint and take cognizance. The Special Court acts as..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing - Framing of charge - under Section 307 of IPC - FIR registered under Sections 324/342/307/34 IPC against the accused/respondents - Additional Session Judge after hearing argument with regard to the framing of charge passed impugned order holding that from the perusal of medical reports and medical..........
