Criminal Procedure Code, 1973, Section 156(3) -- An order made under S.156(3) Cr.P.C. is in the nature of a preemptory reminder or intimation to the police to exercise its plenary power of investigation under S.156(1) Cr.P.C...........
Constitution of India, 1950, Article 311 -- Termination of service - Re-instatement - Appointment itself was for a fixed period of three years - Held, re-instatement cannot be granted beyond period of three years - Order modified...........
Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, Section 10 -- Equity shares purchased by appellant which were found to be tainted - Special Court fixed a cut off date during which it could facilitate certification of tainted shares - Appellant approaching special court for certification of tainted shares after cut off date - Application..........
False implication -- No cause pointed out by accused - No interference in order of conviction...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Accused convicted and sentenced in a criminal case - Appeal against conviction - High Court suspended sentence and granted bail without recording any reason - Order of suspension of sentence set aside - Held, (1) High Court has jurisdiction to permit any intervener opposing the..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Trial Court allowed application to summon additional accused but High Court set aside the order - Order of High Court does not cause any prejudice to the petitioner as no observation on merits of case has been made - Position would have been difference if State had filed SLP - No interference warranted in..........
Criminal Procedure Code, 1973, Section 164 -- Confession - Principles governing - (i) The provisions of Section 164 Cr.P.C. must be complied with not only in form, but in essence; (ii) Before proceeding to record the confessional statement, a searching enquiry must be made from the accused as to the custody from which he was produced and the treatment he had been receiving..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Exemption from person appearance - High Court granted exemption from personal appearance in exercise of power u/s 482 Cr.P.C. - Order set aside - It is discretion of Magistrate whether to grant exemption or not...........
Allahabad High Court Rules, 1952 - - Rule 5 (Chapter VIII) - Availing remedy of statutory departmental appeal - Special appeal against order of Single Judge does not lie...........
Natural justice -- One of the orders challenged in High Court - Adjournment granted - Operation of order not stayed by High Court - Arbitrator proceeded with the matter - Appellants proceeded ex parte when they did not participate in the arbitration proceedings - Held, appellants cannot claim that they were denied reasonable opportunity of hearing...........
