Criminal Procedure Code, 1973, Section 401 -- Essential Commodities Act, 1955, Section 7 - Haryana Prevention of Hoarding and Maintenance of Quality Order, 1977 - Discharge - Revision against - Imported sugar - Not sugar as mentioned in item No.4 of the Schedule attached with the order held by the Special Judge while discharging Respondent - Held that grounds of discharge..........
Criminal Procedure Code, 1973, Section 401 -- Complaint under section 43, 44 read with section 47 of the Water (Prevention and control of Pollution) Act, 1974 - Discharge of the accused - Petition for revision - The case at the stage of framing of charge - A prima facie case at that stage had to be spelt out - The prosecution had to lead evidence after framing of charge -..........
Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, Section 3(1)(c) -- Parole - Temporary release on - Guiding principles - The authorities empowered under the said Act and the Rules are under a legal duty to bear certain cardinal and guiding principles or consideration for exercise of such discretion in favour of a convict who seeks parole/furlough. In the..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 380, 465, 467, 468, 471 -- Dishonour of cheque - `T' filed complaint against `Dr.T' - `Dr.T' alleging theft of cheque and also filing a complaint - `Dr.T.' convicted in complaint filed by `T' while `T' discharged in complaint filed by `Dr.T' - In appeal `Dr.T' acquitted - Revision and appeal..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 380, 465, 467, 468, 471 -- Dishonour of cheque - `T' filed complaint against `Dr.T' - `Dr.T' alleging theft of cheque and also filing a complaint - `Dr.T.' convicted in complaint filed by `T' while `T' discharged in complaint filed by `Dr.T' - In appeal `Dr.T' acquitted - Revision and appeal..........
Civil Procedure Code, 1908, Order 21, Rule 30 -- Money suit - Defendant executing receipt of loan amount but claiming that it was receipt acknowledging part payment of loan taken by plaintiff - Defendant failing to discharge onus of explaining circumstances under which said receipt was executed - Also no counter-claim or objection raised by him in respect of remaining..........
Negotiable Instruments Act, 1881, Section 138 -- Large number of accused - Court to find out as to whether all the accused persons are properly arraigned as accused persons - If the Court finds that some of the accused persons are unnecessarily being arrayed it is always open to the Court to discharge them or direct the complainant to delete their names to avoid..........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Medical negligence - Held that there is no evidence whatsoever on record which could connect the respondents with the alleged negligence or deficiency in the discharge of their professional medical service rendered to the complainant - Appeal dismissed...........
Criminal Procedure Code, 1973, Section 401 -- Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 15/61/85 - Discharge - Revision against - Without affording an opportunity to the Prosecution to adduce evidence, discharge of the accused on the ground of alleged no, compliance of the mandatory provisions of S.50, would amount to committing an illegality...........
Criminal Procedure Code, 1973, Section 482 -- F.I.R. - Under sections 420, 465, 471 and 120B I.P.C. - Petition for quashing - The powers u/S.482, Cr.P.C, are not powers of appeal or revision or powers of review. It is power of exercising of an inherent jurisdiction, which power also vest in this Court. This power cannot be used for the purpose of defeating the objects of..........
