Indian Penal Code, 1860, Section 304(Part II), 323 -- Culpable homicide not amounting to murder - Simple hurt - Proof - There was a fatal single blow on the head caused by accused with the knowledge that it is likely to cause death, but without any intention to cause death or such bodily injury is likely to cause death and further that accused `K' had dealt Danda blow on..........
Criminal Procedure Code, 1973, Section 190, 200 -- Private complaint - Cognizance of offence - Procedure to be followed - Whenever a private complaint is received by a Magistrate, he is placed under obligation to record the sworn statement of the complainant - Whatever may be the extent of application of mind to the facts of the case, recording of statement is treated..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence - Powers of appellate Court - Exercise of - Held, appellate Court may either record further evidence itself or direct it to be taken by trial Court - For permitting additional evidence at the stage of hearing of appeal, appellate Court needed to satisfy that additional evidence that was sought to be adduced..........
Essential Commodities Act, 1955, Section 7 -- Kerosene (Restriction on use and Fixation of Ceiling Price) Order, 1993, Clauses 3(2), 4(1)(c) and 2(j) - Kerosene oil - Search and seizure - Held, police is neither empowered to search and seize the kerosene/case property nor has the jurisdiction to prosecute the accused under Section 7 of the E.C. Act...........
Negotiable Instruments Act, 1881, Section 138, 3, 72 -- Dishonour of cheque - Expression "presentation of the cheque to the bank" used in S.138 - Held, it refers to only drawee bank - Payee's bank has no relevance for the purpose of constituting an offence u/s 138 of the NI Act - What is required under the section is dishonour of cheque by drawee bank - Payee's bank rather..........
Interpretation of Statutes -- Taxing statute - Held, merely because department has some apprehension of possibility of double benefit to assessee, this would not by itself be a sufficient ground for accepting its interpretation - Furthermore, provisions of a section have to be interpreted on their plain language and could not be interpreted on basis of apprehension of..........
Land Acquisition Act, 1894, Section 18 -- Reference - Policy for Rehabilitation and Resettlement - Jurisdiction of Court - Held, it is settled that any court to which a matter is referred for adjudication derives its jurisdiction only in terms of the reference, which has to be adjudicated upon under the provisions of the relevant statute, which in the present case is the..........
Land Acquisition Act, 1894, Section 3(e)(iii) -- `Company' - Substituted definition of the expression `company' shall include cooperative society, within the meaning of any law relating to cooperative societies other than those referred to in Clause (cc) of Section 3 of the Act - Such cooperative society shall be deemed to be a company, to which provisions of Chapter VII..........
Criminal Procedure Code, 1973, Section 482, Customs Act, 1962, Section 110, 111, 135, Indian Penal Code, 1860, Section 379 -- Quashing of complaint - 79 gold biscuits of foreign markings were recovered from the possession of petitioner - Held, mere possession or dealing with such gold, in any manner, is an offence punishable under the Act - Whether the gold biscuits were..........
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,..........
