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..........
Railway Claims Tribunal Act, 1987, Section 16, 13(1)(a) -- Inter se dispute between private parties cannot be decided by Tribunal in a claim petition - In a claim against Railway Administration, Tribunal has to inquire into and determine whether Railway Administration is at fault in discharging its responsibilities under the Railways Act, Rules and Regulations and not the..........
