Indian Medical Council Act, 1956, Section 15(3), Criminal Procedure Code, 1973, Section 464, Indian Penal Code, 1860, Section 304A -- Medical negligence - Accused practicing allopathic system of medicine though possessed licence issued by Bihar State Ayurvedic and Yunani Medicine Council - Death of a person to whom accused gave injections and tablets - Samples of..........
Criminal Procedure Code, 1973, Section 145, 146 -- Dispute regarding possession of land - Power of SDM to pass orders u/ss 145 and 146 of the Code - Held, if civil court is seized of the matter and has passed status quo order, then order of SDM cannot sustain - It is immaterial if the status quo order is passed before or after the passing of order by SDM...........
Criminal Procedure Code, 1973, Section 167 -- Order rejecting request of police for police custody of accused - Held, it is not interlocutory order in view of limitation u/s 167 Cr.P.C. that police custody may be granted only during first 15 days after the arrest or detention and not thereafter...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Offences of forgery and misappropriation of huge funds of municipal corporation - Excess amount to the tune of Rs.1, 38, 000/- paid to the contractor, thus causing loss to the public exchequer - Magistrate showed great haste in hearing bail application and passing bail order without giving reasonable..........
Criminal Procedure Code, 1973, Section 432, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A -- Remission - Conviction under NDPS Act - Accused sentenced to 10 years RI - Accused seeking pre-mature release on the basis of order of remission passed by Governor of state under Section 432 of CrPC - Under Section 32-A of NDPS Act, no sentence can be suspended,..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 19(1)(a), Indian Penal Code, 1860, Section 506, 341, 323, 148, 149, 120B -- Accused facing trial in a criminal case sought permission to go abroad on the ground that her daughter was residing in America and in order to get her visa extended, it is necessary for her to visit that country and..........
Criminal Procedure Code, 1973, Section 262, 263, 264, 326(3), 482, Negotiable Instruments Act, 1881, Section 143 -- Offence of dishonour of cheque - Magistrate recorded evidence and transferred matter to another Magistrate - Complainant contended that case is summary criminal case and as such it was not open for transferee Magistrate to consider evidence recorded by..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Informant from the very beginning alleged that the investigating Police Officer has not recorded statements of witnesses honestly being influenced by accused persons - There is categorical allegations made by the witness in his evidence against petitioner and contents of the FIR lodged at the..........
Wakf Act, 1995, Section 83(5) -- Wakf Tribunal is deemed to be a civil Court - It has same powers as exercised by civil Court under CPC while trying a suit or executing a decree or order - It is competent to issue injunctions in terms of O.39.Rr.1, 2 r/w S.151 CPC. (Civil Procedure Code, 1908, S.151, O.39.Rr.1, 2)...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contentions raised by defendant purely mixed questions of law and facts which cannot possibly be determined without adducing evidence by the parties - All the arguments now sought to be raised on behalf of the defendant not at all relevant at this stage and the same may be deeply necessary at the time of..........
