Criminal Procedure Code, 1973, Section 340, 341(2) -- Court took suo motu action u/s 340 Cr.P.C. - Order u/s 341 not appealable - Such an order is also not challengeable by way of revision...........
Constitution of India, 1950, Article 20(2), Criminal Procedure Code, 1973, Section 300(1) -- Double jepardy - Appellant charged for importing Hashish from Nepal to India and then exporting the same out of India - Appellant was tried before District Court in USA for conspiracy to possess with intention to distribute controlled substances which is an offence u/s 846 of Title..........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 11(2), Criminal Procedure Code, 1973, Section 401 -- Dishonour of cheque - Conviction - Accused released on probation - Revision at instance of complaint who could have challenged impugned order by way of an appeal u/s 11(2) of Probation Act is not maintainable...........
Criminal Procedure Code, 1973, Section 173(2), 190, 200 -- Second Complaint - Maintainability - Held, if Magistrate accepts report and drop proceedings after granting opportunity to complainant, though complainant can thereafter file a second complaint it will lie only if there was a manifest error or manifest miscarriage of justice in previous order or there is any..........
Criminal Procedure Code, 1973, Section 397(2), 438 -- Order granting anticipatory bail - Revision thereagainst - Maintainability - Impugned order which finally granted anticipatory bail to respondent - Held, it shall not be interlocutory order of nature mentioned in S.397(2) of the Cr.P.C. - Therefore, revision petition is maintainable...........
Prevention of Corruption Act, 1988, Section 19, 13(2), 7, 88, Criminal Procedure Code, 1973, Section 197 -- Corruption case against public servant - Department conducted enquiry and found it a false case - Sanction for prosecution refused by the competent authority - Subsequently competent authority reviewed its order and granted sanction - Held, once sanction for..........
Criminal Procedure Code, 1973, Section 227, 197, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1), 3(2) -- Discharge - Sanction for prosecution - Whatever allegations have been made against petitioner, those are when petitioner was functioning as then District Education Officer - All actions taken by her were in discharge of her..........
Criminal Procedure Code, 1973, Section 133(1), 137(2), 138 -- Public nuisance - Issuance of conditional order - Procedure for - Held, when conditional order is issued either u/s 133(1)(a)(i) or u/s 133(1)(b) to (f) and sub-clauses (ii) to (vi), such person can appear before concerned officer and can show cause for not proceeding further under these provisions and can also..........
Criminal Procedure Code, 1973, Section 439(2) -- Provisional bail - Cancellation of - Modification thereof - Petitioner was granted provisional bail to enable him to arrange money which was required to be deposited with complainant - Petitioner did not make any effort to comply with the order - Order granting provisional bail cancelled and petitioner was directed to..........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Tests to determine as to whether an order passed by a Court is a decree or not are : (i) There must be an adjudication; (ii) Such adjudication must have been given in a suit; (iii) It must have determined the rights of the parties with regard to all or any of the matters in controversy in the suit; (iv) Such..........
