Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 63, Criminal Procedure Code, 1973, Section 451 -- Vehicle seized for transporting narcotic drugs - Can be released on Sapurdari invoking provision of S.451 Cr.P.C...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Where public servant was not holding same office on account of his transfer on relevant date when charge sheet was submitted and cognizance of offence was taken, and abused entirely different office than one which he was holding on date on which..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - There is mandatory requirement for launching prosecution if alleged act is done in discharge of his official duty but it does not extend its protective cover to wrong act or every act or omission done by public servant rather it restricts scope to only those acts or omissions which are done by public..........
Indian Penal Code, 1860, Section 420, 448, 457, 380, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Respondent no.4 purchased the flat in an auction from Bank for which sale certificate is issued in his favour - Physical possession of said flat is also given to respondent no.4 - Respondent no.4 also filed a civil suit for restoring the..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 406, 498A -- Cancellation of bail - Nothing on record to suggest that accused had not co-operated with the investigation or had hampered it in any way - Non recovery of articles is not a valid ground for cancellation of bail - It is to be proved during trial as to how much dowry was given and..........
Criminal Procedure Code, 1973, Section 235 -- Quantum of sentence - Where Supreme Court is hesitant in maintaining death sentence, it may order that convict shall undergo imprisonment for whole of natural life or to a lesser extent as may be specified...........
Criminal Procedure Code, 1973, Section 256, 300 -- Complaint dismissed in default - Second complaint on the same allegation - Not maintainable - Remedy available is to prefer an appeal...........
Criminal Procedure Code, 1973, Section 154 -- Mentioning of caste/status separately in criminal proceedings - It is a colonial legacy and requires to be stopped - Mentioning of caste of accused, victims or witnesses separately in inquest report, FIR, recovery memo, dying declaration is not permissible as it is against right of dignity and basic human right - Direction..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Order as to payment of maintenance from date of order - Maintenance petition decided after 12 years - No reasons as to why maintenance awarded has not been granted from the date of filing of maintenance petition - Matter remitted back to Court concerned with direction to give findings afresh in this regard..........
Criminal Procedure Code, 1973, Section 39, 154 -- Rampant corruption - Registration of FIR - In the instant case, petitioner challenged vires of Haryana Vigilance Manual and despite series of representation and legal notice, no criminal case is registered by respondents against alleged culprits in rampant corruption - However, to achieve object and to set into motion..........
