Criminal Procedure Code, 1973, Section 482, Customs Act, 1962, Section 110, 111, 135 -- Complaint - Quashing of - Scope and jurisdiction of High Court - Held, scope and jurisdiction of this Court for quashing a complaint at the initial stage of the trial under section 482 Cr.P.C. are not res integra - It is well settled proposition of law that in case, on the bare reading,..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Code of Criminal Procedure is epitome of law and is complete Code relating to Criminal Procedure from the first stage of filing the complaint, framing of charge till the conclusion of the trial and all other related matters - Likewise, if there is no material/evidence on record, then accused would be..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Scope and jurisdiction of High Court - Held, scope and jurisdiction for quashing a complaint, as envisaged under Section 482 Cr.P.C. is not res integra - The power under this Section has to be exercised with great care and caution and on sound principle - These powers are not to be exercised to stifle..........
Indian Penal Code, 1860, Section 304(Part II), 338 -- Rash and negligent act - Mutually destructive charges - Accused alleged to have driven his car in a rash and negligent manner and caused death of 7 persons and injured 8 others - Accused charged for offences u/ss 304(Part II) & 338 IPC - Contention on behalf of accused that two charges are mutually destructive and..........
Practice and procedure -- Prejudice to accused - It has to be shown that accused has suffered some disability or detriment in the protections available to him under the Indian Criminal jurisprudence - Courts should make a close examination to ascertain whether there was really a failure of justice or whether it is only a camouflage, as this expression is perhaps too..........
Indian Penal Code, 1860, Section 324, 325 -- Simple hurt - Separate conviction u/s 324 - Held, as S.325 IPC being major section of the same category of S.324 IPC in which the higher punishment has been provided thus, no separate conviction could be held against appellants u/s 324 IPC if they are held guilty u/s 325 IPC...........
Land Acquisition Act, 1894, Section 17, 5A -- Acquisition - Urgency provision - Invocation - Not justified only because land is required for project which would benefit large section of society...........
Criminal Procedure Code, 1973, Section 432, 389 -- Application for interim suspension of sentence or bail - Grounds for regular parole - Held, when application for interim suspension of sentence or bail is filed by a convict in a pending appeal, it is always open to the convict to seek suspension/bail from this Court on the grounds as provided for regular parole and the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search of accused - Under Section 50(1) of the Act, the officer, who is to search accused, is required to inform person about his right to be searched by a Gazetted Officer or by a Magistrate - If person opts to be searched before a Gazetted Officer or a Magistrate, he shall immediately be taken to the..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 157 -- Indian Motor Tariff Rules, GR 17 - Insurance claim - Repudiation - Ground that there was no contract between the complainant No.2 and the Insurance Company as the Insurance Policy was not got transferred in the name of purchaser - The purchaser of the vehicle failed to comply with the..........
