A.P. High Court Appellate Side Rules and Writ Proceeding Rules, Rule 6, 7 -- Conflict in decision - Earlier Division Bench decision - If Single Judge differs he can only refer the case to a Bench of two Judges, but cannot directly make a reference to the Full Bench - It is only a Division Bench that can refer a case to a Full Bench - Chief Justice always has the power to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29 -- Sentence and fine - Magistrate of First Class is empowered to impose sentence of not more than 3 years and fine can't exceed Rs.5, 000/- but u/s 357 Cr.P.C. Magistrate can award any amount of compensation - If Magistrate thinks to impose sentence more severe, in that case u/s 325..........
Contempt of Courts Act, 1971, Section 2(c) -- Criminal contempt - Telegraphic communication to Chief Justice of India by Contemner, an Advocate, to step down alleging that CJI falsifying his date of birth usurped CJI post and threatening to file criminal complaint and in fact filed criminal complaint under Ss.420, 406, 466, 468 and 471 - Suo motu contempt proceedings by..........
Arbitration Act, 1940, Section 8 -- Arbitrator - Appointment - Power of Court - District Court appointing former Additional Chief Engineer of PWD as arbitrator - Appellant suggesting appointment of Executive Engineer - High Court confirming District Court's order - Appellant unable to offer any reply to Court as to why arbitrator appointed by lower Court could not continue..........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), 7, 12, Indian Penal Code, 1860, Section 120B -- Corruption case - Discharge - Validity - Discharge of Chief Minister and his Private Secretary by High Court in revision - Appeal against discharge filed by CBI in Apex Court - Court expressed consequences of entertaining..........
Criminal Procedure Code, 1973, Section 319 -- 'Evidence' - Means the statement in examination-in-chief for which an opportunity of cross-examination has been given to the accused and it is only such complete statement of a witness which constitutes evidence for the purpose of S.319 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Trial by Chief Judicial Magistrate - Accused found guilty and fine of Rs.60, 000/- imposed and in default accused to undergo 6 months simple imprisonment - Held, order of Chief Judicial Magistrate in imposing the fine is valid...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 325, 29(2) -- Magistrate First Class - Can impose a maximum fine of Rs.5, 000/- - If Magistrate is of opinion that accused should receive a punishment more severe than what he is empowered to inflict then he can take recourse to S.325 of Cr.P.C. and submit proceedings to the Chief..........
Arbitration Act, 1940, Section 2(a) -- Arbitration - Clause in agreement providing that decision of Chief Engineer would be final on specifications, drawings, instructions etc. - Held, this clause in agreement does not indicate that Chief Engineer shall decide any matter arising out of difference or dispute being referred to him by both the parties - The element of..........
Criminal Procedure Code, 1973, Section 245, Indian Penal Code, 1860, Section 409, 120B, Prevention of Corruption Act, 1988, Section 30(2) -- Discharge - Validity - Criminal conspiracy to import inferior quality of coal at higher price - Strong objection raised by Govt. Secretary about proposal - Concerned file circulated through respondent/accused (Chief Minister) for..........