Prevention of Corruption Act, 1988, Section 13(2), Criminal Procedure Code, 1973, Section 306 -- Corruption case - Grant of pardon to accused - Magistrate is duly empowered to grant tender of pardon even in respect of cases which are triable by Session judge or by Special Judge - Even if it is presumed that Magistrate is not empowered to grant pardon, it is merely an..........
Criminal Procedure Code, 1973, Section 190 -- Order of Magistrate refusing to take cognizance - Order is revisable - Power of revision can be exercised by Superior Court, which can be Session Court itself, either on revision petition that can be filed by aggrieved party or even suo moto by revisional Court itself - Court of Session was thus not powerless to pass an order..........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - High Court by interim order fixed mesne profits @ Rs.1 lakh p.m - Supreme Court stayed said order of High Court on the condition that appellant deposits an amount of Rs.50,000 p.m with effect from 24.09.2009 - However, actual application for enhancement of mesne profits was dated 19.12.2011 - Date 24.09.2009..........
Prevention of Corruption Act, 1988, Section 13, Criminal Procedure Code, 1973, Section 362 -- Offence u/s 13 of Act - Trial Court deferred taking cognizance under the impression that sanction u/s 19 of Act is required - There was no decision much less conclusive decision taken by Court - It was only in the nature of reminding the duty of I.O to meet certain requirement for..........
Indian Penal Code, 1860, Section 307, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 307, 34 IPC - Compromise - Quashing of FIR - FIR discloses commission of cognizable offence - Case cannot be compromised and quashed, as case is against public policy and administration of criminal justice system - Considering the nature of allegation, it is necessary to..........
Civil Procedure Code, 1908, Section 2(2), 11 -- Composite order on rejection of plaint that there is no cause of action and dismissal of suit as not maintainable on the ground of res judicata - Both aspects are covered u/s 2(2) CPC - Remedy is only appeal and not revision even if there is any irregularity in passing the order...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 136 -- Quashing of order taking cognizance - Appeal before Supreme Court - Appeal by private parties - Maintainability - Locus standi - Appellants have precise connection with the matter at hand and thus have locus to maintain this appeal - Moreover, it may not be possible to strictly..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment - Objections - Alienation of property to daughter on the basis of MOU and unregistered agreement - MOU and agreement collusive and in order to defeat execution proceedings - High Court erred in law in setting aside the attachment - Appellant is free to carry out the execution and to realize the amount from the..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Condonation of delay and enquiry u/s 202 Cr.P.C. - Magistrate condoned delay without application of mind to the issue of delay nor delay condoned before issuance of summons - Non application of mind as to whether enquiry u/s 202 Cr.P.C. is required -..........
Civil Procedure Code, 1908, Section 148, State Financial Corporation Act, 1951, Section 29 -- Auction sale - Non-deposit of balance amount - Extension of time - Request declined - One week's time granted to next highest bidder to make the balance payment - Appellant was present in Court with the Demand Draft when order of rejection of extension of time was passed - No..........
