Statement by counsel at Bar -- Order passed on the basis of such statement - Plea that no such statement was made - Court always trusts counsel who appear before it and passes an order recording submissions of counsel - Court is not expected to inquire whether counsel representing parties are really authorized in writing by their clients to make a particular statement...........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Summoning of accused - While summoning of accused who resides outside the jurisdiction of Court in terms of S.202 Cr.P.C, it is obligatory upon Magistrate to inquire into a case himself or direct investigation be made by a police officer to such other officer for finding out whether or not there is..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Inquiry in anticipatory bail application must be limited to facts relevant and applicable to applicant who has come before Court - No attempt should be made to inquire into matters pertaining to some third party much less beyond scope of complaint/FIR in question...........
Criminal Procedure Code, 1973, Section 210 -- Complaint and FIR in respect of same offence - Complaint u/s 138 of N.I. Act was filed against accused - After period of 3 months complainant filed application u/s 156(3) Cr.P.C seeking registration of FIR - However, Magistrate declined to register the same and decided to inquire into the matter by treating same as complaint..........
Commissions For Protection of Child Rights Act, 2005, Section 13 -- Child trafficking - Inter-state or International ramifications - Jurisdiction of National or State Commission - State Commission has the power to inquire into those matters which fall within its purview and even if the illegality is such that it has Inter-State or international ramifications...........
Service -- Misconduct - Disciplinary inquiry is conducted by employer to inquire into a charge or misconduct pertaining to a breach of Rules and regulations governing service of employer - Standard of proof is not governed by a criminal trial...........
Constitution of India, 1950, Article 190(3)(b) -- MLAs - Resignation - Language of Art.190(3)(b) of Constitution does not permit Speaker to inquire into the motive of resignation - When a member is resigning on political pressure, he is still voluntarily doing so - Therefore, once a member tenders his resignation it would be voluntary and if the writing can be attributed..........
Service -- Selection process - Re-verification of answer scripts of all the participant candidates - High Court appointed committee to inquire the answer sheets of candidates approaching High Court - Committee reported quite a few irregularities - High Court directing reverification of all the candidates - Submission that reverification should be limited only to those..........
Administrative Law -- Judicial review of administrative action - Scope - Held, scope of judicial review is limited and Courts do not go into merits of decision taken by administrative authorities but are concerned with decision making process - Interference with order of administrative authority is permissible when it is found to be irrational, unreasonable or there is..........
Criminal Procedure Code, 1973, Section 173(2) -- Filing of police report - Procedure to be followed by Magistrate - Held, in event Magistrate disagrees with police report he has two choices - He may act on the basis of a protest petition that may be filed, or he may, while disagreeing with police report, issue process and summon accused - Thereafter, if on being satisfied..........
