Speaking order -- Order passed by High Court in a miscellaneous criminal case cryptic and non speaking order - Matter remanded back to High Court for decision afresh in accordance with law...........
Criminal Procedure Code, 1973, Section 202, Indian Penal Code, 1860, Section 182 -- False information lodged by accused with police - Police presenting Kalandra u/s 182 of the Code - Magistrate straightaway issued notice to accused after registering the kalandra - Held summoning order lacks application of mind and was cryptic in nature - Further held, that it is not..........
Criminal Procedure Code, 1973, Section 482 -- Maintainability of petition u/s 482 Cr.P.C. as alternative remedy of filing revision petition u/s 397 Cr.P.C. available - Summoning of petitioner by Magistrate under Prevention of Food Adulteration Act - Petition u/s 482 Cr.P.C. dismissed by High Court holding that petitioner had a remedy of filing revision under 397 Cr.P.C.-..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14 -- Housing construction - Deficiency in service - Relief - Finding of the Fora below restricted to decision only to two reliefs and not given findings in relation to all reliefs - Matter remanded to the District Forum for the purpose of proper adjudication and decision in relation to all reliefs sought by the complainant..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Recording statement of complainant - Not an empty formality - Recording statement cannot be done mechanically by simply filing details such as date of cheque, name of bank etc. in a format already kept ready - Order issuing process without..........
Consumer Protection Act, 1986, Section 21 -- Appeal - Additional evidence - Application - Fidelity policy - Two reports of inspection and physical verification of the stocks conducted in the months of February, 1997 and June, 1997 shown to the Surveyor but were not filed before the State Commission - Cannot be any dispute that two reports are relevant for the just and..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B -- Dowry death - FIR registered against husband and his mother - Challan submitted only against husband - Court summoned mother as additional accused on the application moved u/s 319 of the Code as it appeared to the court that mother committed offence - Summoning order set aside - Held, it..........
Criminal Procedure Code, 1973, Section 204(1) -- Appearance in Court in obedience to summons issued by Court - Accused cannot, normally be remanded to custody...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366 -- Murder - Death sentence - Confirmation of death sentence - Conclusions of High Court sketchy - Some of the conclusions were contrary to record - Almost all conclusions are based on surmises and conjectures - Order of High Court set aside - Case remanded back for fresh consideration...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Complaint dismissed - Leave to file appeal dismissed by High Court - Reasons for refusing to grant leave not given - Held, that High Court should have reappreciated the entire evidence on record independently and returned its findings objectively, as regards..........
