Indian Penal Code, 1860, Section 366 -- Abduction - Victim was major and on her on violation she left her parental house and this fact was clearly and categorically stated by her in the FIR - Nobody had abducted her and compelled her to leave her parental house - This is not an incident of kidnapping - Trial Judge committed grave error in convicting appellant by taking a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36, Criminal Procedure Code, 1973, Section 438 -- Anticipatory Bail - A special court constituted u/s 36 NDPS Act, is competent to entertain pre-arrest bail petition u/s 438 Cr.P.C - However, such jurisdiction of designated judge to exercise power u/s 438 Cr.P.C relating to offence under NDPS Act is exclusive..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 7, 13(2), Criminal Procedure Code, 1973, Section 306, 460 -- Corruption case - Grant of pardon to accused - Held, both Magistrate as well as Special Judge has concurrent jurisdiction in granting pardon u/s 306 Cr.P.C. while investigation is going on - But, where Magistrate has exercised his jurisdiction u/s 306 Cr.P.C.,..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 306 -- Corruption case - Grant of pardon to accused - Application for - CBI filed application before Special Judge for grant of pardon to second respondent - Special Judge referred application to Magistrate to deal with same since case was under investigation - Held, no..........
Criminal Trial -- Proceedings initiated on police report - No vested right is granted to complainant or informant or aggrieved party to directly conduct prosecution - It is public prosecutor who must at all times remain in control of prosecution and a counsel of a private party can only assist public prosecutor in discharging its responsibility - However, if Magistrate or..........
Practice and Procedure -- Constitution of Larger Bench - If Single Judge who had authored impugned judgment irrepressibly held divergent opinion and found it unpalatable, all that he could have done was to draft a reference to Hon'ble Chief Justice for purpose of constituting a larger Bench - Whether or not to accede to this request remains within discretion of Chief..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, Security Interest Enforcement Rules, 2002, Rule 8(5), 8(6), 9(2) - - Sale of secured assets - Single judge of High Court after holding that sale in question was invalid directed making of payments by respondent Nos.1 and 2 to respondent No.3 bank with clear..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Shop-cum-office - Personal necessity - Landlord, owner of shop-cum-office, sought ejectment on ground of personal necessity qua residential premises - Landlord could not reside in shop-cum-office - Moreover, shop-cum-office has been sold by landlord - Held, landlord is best judge qua his need - Need of..........
Indian Penal Code, 1860, Section 354, 376, 511 -- Outraging the modesty of woman - Revision/appeal against acquittal - Powers of High Court to reassess the evidence and to reach its own conclusions are as extensive as in an appeal/revision against an order of conviction, yet as a rule of prudence, it should always give proper weightage and consideration to the views of the..........
Prevention of Corruption Act, 1988, Section 3(1) -- Offence under the Act - Held, an offence under PC Act can be committed by either a public servant or a private person or a combination of both - Existence of a public servant for facing trial before Special Court is not must and even in his absence private persons can be tried for PC as well as no, PC offences depending..........
