Criminal Procedure Code, 1973, Section 156(3) -- Provision of S.156(3) Cr.P.C. primarily comes into operation only when SHO and SP fail to register an FIR, despite allegations prima facie disclosing commission of a cognizable offence or Judicial Magistrate, not being satisfied with the investigation, explicitly directs further investigation. (Para 6(d). (ii) Criminal..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance - Court, having jurisdiction, takes cognizance of an offence, when it neither dismisses the complaint nor refers it for further investigation, and instead notices that allegations in the complaint, prima facie point towards commission of an offence, and on such awareness consciously proceeds further, leading to..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B -- Discharge - Framing of charge u/s 304-B IPC - Prima facie material on record against accused to frame charge - It is thus, not a fit case to discharge accused - Discharge application dismissed...........
Constitution of India, 1950, Article 226 -- Writ petition - Interim relief - Court must consider three aspects: (i) balance of convenience; (ii) Irreparable harm or injury; (iii) that there is a prima facie case...........
Constitution of India, 1950, Article 226 -- Writ petition - Interim relief - Even assuming prima facie case in favour of writ petitioner there is no balance of convenience in its favour - In case stay is not granted, no loss or injury shall be caused to the writ petitioner and on the other hand if stay is granted, State will lose about Rs.20 lakhs daily - There is no way..........
Central Excise Act, 1944, Section 11A(10) -- Non-levy and Non-payment of excise duty - S.11A does not contemplate that before issuance of any show cause notice, there must, prima facie, be: (a) a preliminary determination that process or activity undertaken in matter amounts to manufacture; and (b) before arriving at such preliminary determination, any hearing to concerned..........
Central Excise Act, 1944, Section 11A, 35L -- Non-levy and Non-payment of excise duty - Respondent not registered itself and not paying any excise duty on products it was manufacturing -Writ petition against issuance of show cause notice - Held, writ petition should normally not be entertained against mere issuance of show cause notice - No show cause notice even issued..........
Consumer Protection Act, 1986, Section 12 -- Theft/loss of vehicle given for valet parking to hotel employee - Liability of Hotel - Strict liability cannot be imposed on hotel owners in respect of loss of or damage to vehicles of their guests - Instead, rule of prima facie negligence should be adopted...........
Consumer Protection Act, 1986, Section 12 -- Theft/loss of vehicle given for valet parking to hotel employee - Liability of Hotel - Car of complainant stolen by one of three boys who had visited hotel while its keys were under watch of valet driver - Thief escaped despite an attempt by hotel guard to stop him - Manner in which car was stolen manifests that no steps had..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Detailed and lengthy order not required when Court is of the opinion that prima facie ground for proceeding against accused - However, detailed order is required to be passed when Court comes to conclusion different than one that investigating agency has reached...........
