Criminal Procedure Code, 1973, Section 482, Dowry Prohibition Act, 1961, Section 3, 4, Indian Penal Code, 1860, Section 498A -- Allegation of cruelty - Quashing of complaint - Records clearly indicate that there are no specific allegations against petitioners in respect of ill treatment either mental or physical torture meted out to respondent No.2 - Material on record..........
Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 482 -- High Court cannot reverse, alter or modify conviction which has become final by its own order passed in a revision petition, by using power u/s 482 Cr.P.C. taking note of subsequent events like compounding of the case...........
Criminal Procedure Code, 1973, Section 192(1) -- Criminal complaint Inquiry or trial - Making over of case - Held, act of making over the case for inquiry or trial by the Chief Judicial Magistrate, to any competent Court subordinate to him, is only after the Chief Judicial Magistrate takes cognizance of the offences...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Existence of debt or any other liability, loss of cheque and complaint to the bank and police station and denying the liability of the cheque amount - All these issues can only be decided after parties adduce evidence - No case made..........
Prisons Act, 1894, Section 59(5), Criminal Procedure Code, 1973, Section 433A -- Remission to convicts - Classification between life convicts who committed murder of more than one person and other life convicts - Held, State Govt. has power to make classification - Classification validly made does not offend Article 14 of Constitution of India...........
Prisons Act, 1894, Section 59(5), Criminal Procedure Code, 1973, Section 433A -- Remission to convicts - Classification - Policy decision by State Govt. - The policy decision applicable in such cases would be which was prevailing at the time of his conviction...........
Prisons Act, 1894, Section 59(5), Criminal Procedure Code, 1973, Section 54, 55, 432, 433, 433A -- Remission to convicts - No convict has a fundamental right of remission or shortening of sentence - State, however, in exercise of its executive power of remission must consider each individual case keeping in view the relevant facts - Power of State to issue general..........
Criminal Procedure Code, 1973, Section 482, Insecticides Act, 1968, Section 24(4) - - Sample was drawn on 25.8.1990 - Date of Manufacture was July, 1990 and expiry date was December, 1991 - Complaint filed on 6.1.1992 - Shelf life of the insecticide has expired at the time of filing of the complaint and valuable right u/s.24(4) stands clearly infringed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 2(d), 200 -- Dishonour of cheque - Complaint - It is not necessary to insist on personal appearance of complainant invariably in all cases when complaint is presented...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Repayment alleged - Receipt produced in defence evidence - In rebuttal complainant filed an affidavit that he never issued such receipt and it does not bear his signature and it is forged - Complainant once again cross examined and he once again denied his..........
