Criminal Procedure Code, 1973, Section 401 -- Penal Code 1860, Section 304B IPC - Revision against acquittal - The law is well settled that in a revision petition filed against an order of acquittal by the complainant, the High Court will not interfere, unless the order is erroneous, patently illegal or without considering the probative value of the evidence - Ld. Trial..........
Civil Procedure Code, 1908, Section 92, 115 -- At the time of granting leave the Court has to only see the allegations in the plaint - If after evidence it is found that the breach of trust alleged has not been made out and the prayer for direction of the Court is vague and is not based on any solid foundation of facts or reason but is made only with a view to bring the..........
Civil Procedure Code, 1908, Section 92 -- Permission to file suit under Section 92 - Principles governing - (i) While granting leave no notice to the proposed defendants is necessary. Although, as a rule of caution, Court should normally give notice to the defendants before granting leave; (ii) If a suit is instituted on the basis of such leave, granting without notice to..........
Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 482 - - Registration of FIR - When reading of the main allegations found in the complaints discloses the commission of cognizable offences, it is the duty of the police first to register FIR and then proceed in accordance with law. They cannot be heard to say that they have investigated into..........
Criminal Procedure Code, 1973, Section 401 -- Prevention of Food Adulteration Act, 1954 - Section 16(1)(a)(i) - Conviction - Revision against - Keeping in view of the fact that the petitioner is suffering agony of protracted trial since 1982 and that he was less than 18 years on the date of commission of offence ordered to be released on probation under Section 4(1) of the..........
Criminal Procedure Code, 1973, Section 167(2) -- Bail - Offence under section 15 of NDPS Act - Petitioner arrested on 04.07.1996 - Produced on 05.07.1996 and on that day was remanded to police custody - Challan presented on 03.10.1996 - The period of 90 days will end on 03.10.1996 on which date challan was presented - As per decision in the case of State of M.P. vs. Rustam..........
Criminal Procedure Code, 1973, Section 401 -- Penal Code, 1860, Section 304A - Revision against conviction - Evidence - FIR - Statement recorded by police - Trial Court and Appellate Court convicting the accused relying only upon the statement recorded by the police including the first information report holding that he was driving the truck rashly and negligently. Held..........
Criminal Procedure Code, 1973, Section 401 -- Penal Code 1860, Section 500 - Indian Evidence Act 1872 - Section 41 - Hindu Marriage Act, 1955, Section 9 - Judgment in rem - Plea of the petitioner that findings recorded by Civil Court in matrimonial case do not bind the Criminal Court - Held judgment by the District Judge in the exercise of jurisdiction conferred upon him..........
Criminal Procedure Code, 1973, Section 73, 167, 309 -- Arrest during investigation - Produced before Magistrate - On such production, the Court may either release him on bail or authorise his detention in custody either police or judicial - Held, it is not correct to state that warrant of arrest could be issued by Court solely for production of accused before police -..........
Criminal Procedure Code, 1973, Section 482 -- Proceedings under sections 145 and 146 CrPC - Petition for quashing - That once the rights of the parties are in a fluid state and there is no specific findings regarding the possession in one way or the other and the parties are in a mood to commit breach of peace in such a situation the provisions of section 145 CrPC can..........
