Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Detention order - Setting aside - Non-consideration of relevant facts - When detention orders were passed by Detaining Authority, neither Sponsoring Authority nor even Detaining Authority was aware of any retraction petition of one of detenue - Under such circumstances, there..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of SC/ST Act - Compounding of offence - Offences are no, compoundable in nature - Parties have compromised the matter amicably - Offences in question are not punishable with death or imprisonment for life - Moreover, more than 25 years have lapsed since the..........
Indian Penal Code, 1860, Section 447, 427, 341, 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/ss 447, 427, 341, 323 IPC and S.3(1)(x) of SC/ST Act - Quashing of FIR - Material available on record shows that accused trespassed into agricultural land of complainant, uprooted trees and hurled caste based abuse at..........
Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black Marketing of Essential Commodities Act, 1981, Section 3(1), (2), 13 -- Order of detention - Setting aside of - Act does not require detaining authority to specify period for which detenu is required to be..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Retirement from service - As per S.19 of the Act for taking cognizance of offence under the PC Act it is necessary for public servant to remain in service - In the instant case, on date of taking cognizance the petitioner was not in service as he had retired, hence there was need to seek..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3(1)(x) -- Anticipatory bail - Bar u/s 18 of SC/ST Act - Offence u/s 3(1)(x) of SC/ST Act - There is no impediment to perceive that in spite of bar u/s 18 of SC/ST Act, for invocation of powers u/s 438 Cr.P.C, it is still open to Court to find..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3(1)(x), Indian Penal Code, 1860, Section 498A, 323, 504, 506 -- Anticipatory bail - Offence u/s 3(1)(x) of SC/ST Act and Ss.498-A, 323, 504, 506 IPC - No sufficient material on record prima facie to arrive at conclusion that offence under..........
Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s), 3(2)(va), Indian Penal Code, 1860, Section 323, 506 -- Bail - Offence u/ss 3(i)(r)(s), 3(2)(va) of SC/ST Act and Ss.323, 506 IPC - Allegation that accused being pardhan of Gram Panchayat and an elected representative has made caste..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Prevention of Women from Domestic Violence Act, 2005, Section 6 -- Bail - Kidnapping and rape - Victim girl was more than 17 years old and was capable of understanding or answering questions put to her by Court - She was not kidnapped by taking undue advantage of her innocence - Charge..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 365, 366A, 370A, 376D, 34, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Bail - Offence u/ss 363, 365, 366-A, 370-A, 376-D, 34 IPC, S.6 POCSO Act and S.3 SC/ST Act - Prosecutrix and..........
