Criminal Procedure Code, 1973, Section 482 -- Penal Code, 1860, Section 500 - Defamation - Complaint - Locus standi - Contents of offending article make out defamation, if any, vis-a-vis Sant Baba or the Dera. The complainant only alleges that he is a worshiper or Visitor of Dera. Held that the complainant was not an aggrieved person and had no locus standi to file the..........
Constitution of India, 1950, Article 226 -- Writ of Habeas Corpus - Army Act, 1950, Section 169A - As inserted by Act No.37 of 1992 - Period of custody undergone by the officer or person to be set off against the imprisonment - Provision whether retrospective - Held that prisoners who are undergoing imprisonment when Section 169A of the Army Act was enforced, would be..........
Criminal Procedure Code, 1973, Section 401 -- Penal Code 1860, Section 304B IPC - Revision against acquittal - The law is well settled that in a revision petition filed against an order of acquittal by the complainant, the High Court will not interfere, unless the order is erroneous, patently illegal or without considering the probative value of the evidence - Ld. Trial..........
Civil Procedure Code, 1908, Section 92, 115 -- At the time of granting leave the Court has to only see the allegations in the plaint - If after evidence it is found that the breach of trust alleged has not been made out and the prayer for direction of the Court is vague and is not based on any solid foundation of facts or reason but is made only with a view to bring the..........
Civil Procedure Code, 1908, Section 92 -- Permission to file suit under Section 92 - Principles governing - (i) While granting leave no notice to the proposed defendants is necessary. Although, as a rule of caution, Court should normally give notice to the defendants before granting leave; (ii) If a suit is instituted on the basis of such leave, granting without notice to..........
Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 482 - - Registration of FIR - When reading of the main allegations found in the complaints discloses the commission of cognizable offences, it is the duty of the police first to register FIR and then proceed in accordance with law. They cannot be heard to say that they have investigated into..........
Punjab Village Common Lands (Regulation) Act, Section 7 -- as amended in Haryana State - Gram Panchayat filed application alleging encroachment by petitioner upon a portion of Panchayat land - Petitioner claimed that land said to be encroached belongs to him - Question of title arises - Remedy available to petitioner to file petition under old provisions of Section 13 - A..........
Criminal Procedure Code, 1973, Section 401 -- Prevention of Food Adulteration Act, 1954 - Section 16(1)(a)(i) - Conviction - Revision against - Keeping in view of the fact that the petitioner is suffering agony of protracted trial since 1982 and that he was less than 18 years on the date of commission of offence ordered to be released on probation under Section 4(1) of the..........
Criminal Procedure Code, 1973, Section 167(2) -- Bail - Offence under section 15 of NDPS Act - Petitioner arrested on 04.07.1996 - Produced on 05.07.1996 and on that day was remanded to police custody - Challan presented on 03.10.1996 - The period of 90 days will end on 03.10.1996 on which date challan was presented - As per decision in the case of State of M.P. vs. Rustam..........
Criminal Procedure Code, 1973, Section 401 -- Penal Code, 1860, Section 304A - Revision against conviction - Evidence - FIR - Statement recorded by police - Trial Court and Appellate Court convicting the accused relying only upon the statement recorded by the police including the first information report holding that he was driving the truck rashly and negligently. Held..........
