Prevention of Money Laundering Act, 2003, Section 3, 24, Criminal Procedure Code, 1973, Section 482 -- Proceedings u/s.3 of the Act - Quashing of - Large scale smuggling of iron ores - Accumulation of huge properties through illegal means and extortion - Quashing sought on ground of acquittal under IPC - Held, even if accused has been acquitted of charges framed against..........
Karnataka Sales Tax Act, 1957, Section 24(2), Criminal Procedure Code, 1973, Section 4, 5 - - Effect on provisions of Cr.P.C. - Held, there is no repugnancy between provisions of Cr.P.C. as well as provisions of the K.L. Act as both are general enactments and operate in distinct fields - In view of sub-s.(2) of S.24, remedies available to a complainant under provisions of..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Pre-existing order under Criminal Procedure Code for payment of maintenance, does not oust the jurisdiction of Civil Court to allow maintenance pendente lite u/s 24 of the Act...........
Criminal Procedure Code, 1973, Section 24(8) -- Appointment of Special Public Prosecutor - Judicial review - Appointment of Special Public Prosecutor cannot be called in question only on the basis of plea that such appointment was solicited by victim or someone else...........
Criminal Procedure Code, 1973, Section 24, Evidence Act, 1872, Section 115 -- Special public prosecutor - Appointment - Consultation - Held, whenever consultation is mandated by law, it necessarily involves two authorities - One, on whom a duty is cast to consult and other who has corresponding right(s) to be consulted - Grievance that there has been no consultation or..........
Criminal Procedure Code, 1973, Section 24, General Clauses Act, 1897, Section 21 -- Special public prosecutor - Withdrawal of appointment - Power of Govt. - Exercise of - Held, there is an undoubted power with Govt. to withdraw or revoke appointment within S.21 of General Clauses Act - In present case, that exercise of power appears to be vitiated by mala fides in law..........
Criminal Procedure Code, 1973, Section 24(8), 24(4), 24(5) -- Special public prosecutor - Appointment - Held, no consultation with any authority and panel preparation process is required...........
Criminal Procedure Code, 1973, Section 24(8) -- Special public prosecutor - Power to appoint - Exercise of - Held, it cannot be exercised for mere asking - Such an appointment can be made only and only when public interest so demands...........
Criminal Procedure Code, 1973, Section 24(8) -- Special public prosecutor - Appointment sought on ground that regular public prosecutor over burdened with work - No independent exercise undertaken by Govt. to ascertain whether or not regular public prosecutor so over burdened with other work as to render him incapable of handling this case entrusted to him - Held,..........
Criminal Procedure Code, 1973, Section 24(8) -- Special public prosecutor - Appointment - Validity - Held, appointing complainant's Counsel, as Special Public Prosecutor, would undoubtedly cause reasonable apprehension in mind of accused that he may prosecute case, on behalf of State, in biased manner - Such appointment would not be in furtherance of larger public interest..........
