Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 147, 148, 149, 323, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)X, 3(2), 4 -- Quashing of summoning order - Offence u/ss 147, 148, 149, 323 IPC, Ss.3(1)X, 3(2), 4 of SC/ST Act - Allegation that petitioners came on the spot and started firing and gave..........
Criminal Procedure Code, 1973, Section 221(2), Indian Penal Code, 1860, Section 304B, 302 -- Charge - Charge u/s.304B and conviction u/s.302 - Offence u/s.302 IPC cannot be said to be minor offence vis-a-vis an offence u/s.304B - Alternative conviction of accused recorded by Trial Court u/s.302 IPC by invoking provisions of S.221(2) of Cr.P.C cannot be sustained...........
Criminal Procedure Code, 1973, Section 156(3), 177, 178, 179, 180, 181, 182, 183, 184 -- Application u/s 156(3) Cr.P.C. - Jurisdiction - Magistrate cannot pass directions u/ss 155 and 156(3) Cr.P.C. to an officer i, charge of a police station beyond the territorial jurisdiction of area which has power to inquire into or try under the provisions of Chapter XIII of Cr.P.C...........
Criminal Procedure Code, 1973, Section 215, Indian Penal Code, 1860, Section 325 -- Omission to frame charge u/s 325 IPC - Not resulting in any failure of justice - Does not preclude Court from passing an order of conviction...........
Criminal Law Amendment Act, 1932, Section 10 - - In the instant case, notification issued u/s 10 of the Act, declaring Ss.186, 188, 189, 295-A, 298, 505 or 507 IPC when committed in U.T. of Goa, Daman and Diu to be cognizable and Ss.188 or 506 IPC to be no, bailable when committed in said territory - Validity - Said notification is valid and operative in area concerned and..........
Stamp Act, 1899, Section 47A -- Lease deed - Recovery of maintenance charges - Cannot be initiated u/s 47-A of the Act, as Art.35(c)(ii) Sch.1-B of U.P. Stamp Act does not mention any charge relating to maintenance of property in question - Impugned order of recovery of maintenance charges, held, beyond purview of S.47-A of the Act and are without jurisdiction, therefore,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of cheques - Joint trial - Dishonour of each cheque constitutes a separate offence giving rise to a separate cause of action - However, Ss.219, 223 Cr.P.C, are exceptions to general rule that there should be separate charge and separate trial for each distinct..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 302, 201, 34 -- Discharge of accused at the stage of framing charge - There is strong suspicion against involvement of accused in the crime - To discharge the accused at this stage on the available materials on record would amount to shutting the case of prosecution, which is yet to examine its..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 7(1) -- Offence u/s 3(1)(x) of SC&ST Act - Investigation - Cognizance taken on basis of charge-sheet submitted by an officer not competent to investigate a case under the Act has to be quashed...........
Indian Penal Code, 1860, Section 294, 506 -- Offence u/ss 294, 506 IPC - Abusive words uttered over phone - In the absence of any material that such mobile phone had got any link with petitioner or petitioner had instructed the owner of mobile phone to use obscene language at informant or to criminally intimidate informant, ingredients of offence u/ss 294, 506 IPC cannot..........
