Criminal Procedure Code, 1973, Section 256 -- Complaint - Death of complainant before issuance of summons - Section 256 is not applicable - Order dismissing application of L.Rs for bringing them on record and order of dismissal of complaint set aside - Case remanded for passing appropriate orders on complaint and application...........
Contempt of Courts Act, 1971, Section 11, 12, Criminal Procedure Code, 1973, Section 345 -- Contempt of Court - An opportunity of hearing is to be given before punishment - Even such an opportunity of hearing is necessary in a proceeding under Section 345 of the Code of Criminal Procedure - But if a law which is otherwise valid provides for the consequences of such a..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1947, Section 5, Prevention of Corruption Act, 1988, Section 19 -- Sanction - Retirement - Under 1947 and 1998 Acts accused cannot claim immunity on the ground of want of sanction if he has ceased to be a public servant on the date when court took cognizance - However under section 197 Cr.P.C..........
Indian Penal Code, 1860, Section 409 -- Criminal Procedure Code, 1973, Section 197 - Sanction - Sanction under Section 197 of the Code is not a condition precedent for an offence under Section 409 IPC...........
Civil Procedure Code, 1908, Section 100A(as - - Letters Patent Appeal - Whether Section 100A as substituted by Section 14 of the Code of Civil Procedure (Amendment) Act, 2002 shall have retrospective effect or is prospective in operation with effect from 01.07.2002? - Held that No Letters Patent Appeal shall lie from the judgment, decree or order of Single Judge in the..........
Prevention of Corruption Act, 1988, Section 19(1)(c) -- Sanction - All India Institute of Medical Sciences Regulations 1999 - Criminal Procedure Code, 1973 - Section 197 - As per regulation Governing body was competent to consider question of sanction - President of Governing body refusing sanction and sought ratification by Governing body - Whether governing body should..........
Prevention of Corruption Act, 1988, Section 19(1)(c) -- Criminal Procedure Code, 1973 - Section 197 - Sanction - Non consideration of tape conversation - Would not vitiate sanction - Sanctioning authority has only to see whether the facts disclosed in the complaint prima facie disclose commission of offence or not - Actual production of tapes etc. are matter of proof to be..........
Indian Penal Code, 1860, Section 302, 306, Criminal Procedure Code, 1973, Section 222, 464 -- Conviction for offence other than charged - Accused charged with section 302, however convicted under section 306 - Conviction upheld - Court can convict an accused for an offence for which no charge was framed unless court is of the opinion that a failure of justice would..........
Indian Penal Code, 1860, Section 302, 306, Criminal Procedure Code, 1973, Section 222, 464 -- Charge - Conviction under section 306 when accused was charged for offence u/s 302 - Wife setting herself and her two daughters on fire - Allegation of demand of dowry proved - Reason for suicide due to harassment on account of demand of dowry proved - Accused getting ample..........
Family Courts Act, 1984, Section 7, 19(4), Criminal Procedure Code, 1973, Section 125 -- Revision petition - Whether against an order passed by the Family Court in an application under Section 125 of the Code while exercising jurisdiction under Chapter 9 of the Code, revision under sub-section (4) of Section 19 of the Act should be registered as Civil Revision or Criminal..........
