Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 27(a), 29 -- Anticipatory bail - Offence u/ss 25, 27(a), 29 NDPS Act - Admittedly, petitioner presently is a sitting MLA - Assembly election has been declared in State of Punjab, one week may be afforded to petitioner to avail his remedy and in meanwhile, he be..........
Indian Penal Code, 1860, Section 324, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 23 -- Offence u/s 324 IPC and S.23 of JJ Act - Accused being a teacher had no intention to cause hurt to student/complainant - Alleged incident occurred when accused attempted to bring attention of accused to class - No material on record that accused caused any..........
Consumer Protection Act, 1986, Section 21(b) -- Revision - National Commission itself had exceeded its revisional jurisdiction by calling for report from Bank and solely relying upon such report had come to conclusion that two fora below had erred in not undertaking requisite in-depth appraisal of case that was required - However, both State Commission as well as consumer..........
Indian Penal Code, 1860, Section 465, 468, 471 -- Offence u/ss 465, 468, 471 IPC - Allegation that accused furnished bogus appointment order to 26 persons - However, prosecution has not proved manner of forging or authorship of those bogus employment orders - Unless it is alleged by prosecution that accused is maker of document and has let in positive evidence regarding..........
Indian Penal Code, 1860, Section 420 -- Cheating - Allegation that accused furnished bogus appointment order to 26 persons - However, accused pleaded that once the accused acquitted under charge of forgery, offence u/s 420 IPC can also go - Plea rejected, as from evidence of PW1 accused represented to PW1 that they will get employment and upon such promise PW1 delivered a..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323 -- Quashing of order - Order to state substance of accusation u/s 323 IPC to accused - Offence u/s 323 IPC is not a warrant case - There was no need to frame formal charge against accused - As per provisions of S.251 Cr.P.C, only substance of accusation is to be stated to accused - Trial Court..........
Custody of wife -- Writ of habeas corpus by husband - Corpus is minor and has been sent to protection home under a valid order of Child Welfare Committee in terms of JJ Act - Validity of an order passed by Child Welfare Committee under JJ Act cannot be examined in a writ of habeas corpus - Writ petition dismissed...........
Custody of wife -- Writ of habeas corpus by husband - Corpus is minor and has been sent to protection home under a valid order of Child Welfare Committee in terms of JJ Act - She is not under any kind of illegal confinement - Moreover, corpus being minor, no other than her parents can stake a claim for her custody - Writ petition dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Order to file written statement without deciding application for rejection of plaint set aside as for deciding such an application averments in plaint are germane and pleas taken by defendant in the written statement are wholly irrelevant - Impugned order set aside...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Competent authority signed the draft order or copying the same under his signatures, which frustrate the mandate of provision of S.19 of the Act - It is enjoined upon competent authority to apply its mind instead of towing the line with investigating agency mechanically - Even, otherwise, when..........
