Criminal Procedure Code, 1973, Section 482, Official, Official Secrets Act, 1923, Section 3(1)(c), 5(1)(c), 5(1), 5(4), Indian Penal Code, 1860, Section 120B -- Quashing of proceedings - Offence u/ss 3(1)(c), 5(1)(c), 5(1), 5(4) of Official Secrets Act and S.120-B IPC - All co-accused discharged and trial is pending only against petitioner - Role of petitioner is no..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 448 -- Cancellation of bail - Cheating - Property dispute - Dispute between parties is of civil in nature, as civil proceeding pending in Civil Court - Accused are in possession of property in dispute and they got injunction order by competent Court in their favour -..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Words `not sufficient ground for proceeding against accused' appearing in S.227 Cr.P.C. postulate exercise of judicial mind on part of judge to facts of case in order to determine whether a case for trial has been made out by prosecution...........
Civil Procedure Code, 1908, Section 24, Succession Act, 1925, Section 264, 278 -- Transfer of case - Probate proceedings - Question of legality of Will or right of deceased over property in respect of which Letter of Administration is claimed cannot be adjudicated by Probate Court - Such issues can be gone into by a Court having original civil jurisdiction - Probate..........
Constitution of India, 1950, Article 217(2)(a) -- Appointment of Additional Judges of High Court - Eligibility - Person for at least 10 years held a judicial office in territory of India, is eligible for appointment - Use of word `held' does not indicate that incumbent should also be holding judicial office at the time of notification u/art 224 of Constitution is issued -..........
Family Courts Act, 1984, Section 7 -- Jurisdiction of family Court - Counseling of child aged 17 years - Family Court directed father to take appointment of child psychologist and mother has to physically produce the child before counselor - Non-compliance of order purports to serious consequences not only arrest but also striking out defence, attachment of movable and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint rejected without there being an application for rejection of plaint - Trial judge exceed his power and committed grave irregularity - Order rejecting plaint set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(B) -- Recovery of intoxicant capsules and intoxicant powder - Search and seizure - Person who effecting search and seizure, proceeded to investigate offence at a later stage - Said officer was not competent to investigate offence being judge of his own case - In order to have fair and impartial investigation,..........
Succession Act, 1925, Section 372, 388(2) -- Succession certificate - Rejection of application by Civil Judge exercising jurisdiction of District Court for purposes of Succession Act - Appeal thereagainst - Lies before District Judge and not before High Court...........
Criminal Procedure Code, 1973, Section 156, 173(6) -- Re-investigation or further investigation - Only allegation against I.O is that he did not investigate the case in accordance with law and did not give importance to statement of witnesses on record - No allegation of unfairness in investigation - In absence of any allegation of unfairness in investigation against I.O,..........
