Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Accused residing beyond territorial jurisdiction of Court - Magistrate if satisfied can straightway issue process even without holding inquiry u/s 202(1) Cr.P.C. in a case which is based on documentary evidence and in a case where accused is related to complainant - Decision of Magistrate cannot be..........
Hindu Marriage Act, 1955, Section 13B, 23(1)(bb) -- Divorce by mutual consent - S.23(1)(bb) of Hindu Marriage Act casts an obligation upon courts in the matter of divorce by mutual consent to satisfy itself that consent has not been obtained by force, fraud or undue influence - Court is obliged to make requisite inquiry in the matter before proceeding to pass a decree of..........
Hindu Marriage Act, 1955, Section 8 -- Registration of marriage - Marriage between a Hindu and Foreign national - Foreign national converted to Hindu religion after undergoing sacred ceremonies - No dispute that parties underwent ceremonies and rituals in accordance with Hindu Marriage Act for performing marriage - Registrar ought to have registered marriage - He need not..........
Constitution of India, 1950, Article 32, Essential Commodities Act, 1955, Section 3, Kerosene (Restriction on Use and Fixation of Ceiling Price) Amendment Order, 2007 -- Para 8A - Adulteration of petroleum products - It is alleged that respondent owns multiple dealerships in violation of rules and regulations - Said issue can be determined by oil companies concerned -..........
Marriage -- Two individuals consenting to marry - Dictates of Khap Panchayat/Local community/Family - Guidelines issued : Preventive Steps - (a) State Governments should forthwith identify Districts, Sub-Divisions and/or Villages where instances of honour killing or assembly of Khap Panchayats have been reported in recent past, e.g., in the last five years; (b) Secretary,..........
Criminal Procedure Code, 1973, Section 188, 2(h) -- Offence committed outside India - Police can register FIR and conduct investigation even if offence is committed outside India - But S.188 Cr.P.C, indicates that no such offence shall be inquired into or tried in India except with previous sanction of Central Government - In the absence of said sanction, inquiry and trial..........
Criminal Procedure Code, 1973, Section 438, 188, Indian Penal Code, 1860, Section 420, 406, 34 -- Anticipatory bail - Offence committed outside India - Cheating - No previous sanction of Central Government was taken u/s 188 Cr.P.C. - Except investigation by police, inquiry and investigation is barred u/s 188 Cr.P.C. - Moreover, dispute arose in connection with a business..........
Kerala Co-operative Societies Act, 1969, Section 32(1), 109, Kerala Co-operative Societies Rules, 1969, Rule 47(a), (b), (d) -- Order of supersession - Allegations of serious irregularities and malpractices in sanctioning of loan against committee - Inquiry report reveals misappropriation of cash, fixed deposit, repayment of amount by borrowers and sanction of bogus loans..........
Criminal Procedure Code, 1973, Section 398 -- Revision - Further inquiry - Sessions Court remanded the matter back to Magistrate with direction for further inquiry - Observation made by Sessions Court were only justification for a remand and same did not amount to taking cognizance...........
Service -- Departmental inquiry - Non payment of pension (wherever applicable) or subsistence allowance during pendency of inquiry - It prevents employee from effectively participating in the inquiry - Departmental proceedings vitiated...........
