Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Double jeopardy - There is nothing in the Cr.P.C. to suggest that the court is obliged to hear the accused while considering application for further investigation under Section 173(8) of the Cr.P.C - Further investigation is merely a continuation of the earlier investigation - Hence, it cannot be said..........
Prevention of Corruption Act, 1988, Section 13(1)(a), 17 -- Quashing of prosecution - The Second proviso to Section 17 of the Act directs that the offense referred to under Section 13(1)(e) of the Act shall not be investigated without the order of a police officer not below the rank of a Superintendent of Police - There is no such order of the police officer not below the..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Double jeopardy - There is nothing in the Cr.P.C. to suggest that the court is obliged to hear the accused while considering application for further investigation under Section 173(8) of the Cr.P.C - Further investigation is merely a continuation of the earlier investigation - Hence, it cannot be said..........
Service -- Revised pay scale - Petitioners were appointed in 2007 - Addition of 2% hike in pay shall be paid irrespective of whether as on date i.e 1.4.2003 petitioners were on service or not - However, while sanctioning 2% hike in pay appropriate target was required to be fixed and accordingly their sanction from management for said proposal was required to be obtained -..........
Clarification of order passed by Supreme Court -- Application by third party - Law laid down by S.C is binding on all u/art 141 of Constitution, but before applying law, Court where proceedings are pending is required to test applicability of law declared by S.C on basis of facts of a particular case - Applicant cannot be permitted to seek clarification of order of S.C by..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Irretrievable breakdown of marriage - In a given case, where marital relationship has broken down irretrievably and there is a long separation and absence of cohabitation with multiple Court cases between parties, then continuation of such a marriage would only mean giving sanction to cruelty which each is..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Law as to : (a) Without completing the investigation of a case, a charge-sheet or prosecution complaint cannot be filed by an investigating agency only to deprive an arrested accused of his right to default bail u/s 167(2) Cr.P.C.; (b) Such a charge-sheet, if filed by an investigating authority without first..........
Rent and Eviction -- Bona fide requirement - Eviction order - Order set aside by High Court on ground of clarity about identification of property - There is no misdescription of property - Order of eviction passed by trial Court restored...........
Criminal Procedure Code, 1973, Section 156, 482 -- Investigation - Direction to investigate in printed or written form and questionnaire be handed over to accused - There is no warrant for High Court to direct that investigation of a person who has been interrogated as a suspect in the conspiracy should be in printed or written form - Similarly it is inappropriate for High..........
Advocates/Bar Associations -- Redressal of grievances of Advocates/Bar Associations - Constitution of Grievance Redressal Committees - Directions issued viz. (i) No member of Bar can go on strike and/or abstain himself from Court working; (ii) If the member of Bar has any genuine grievance or difficulty being faced because of procedural changes in filing/listing of..........
