Criminal Procedure Code, 1973, Section 319 -- Additional accused - Court can exercise power u/s 319 Cr.P.C. on an application made to the Court or by the Court suo motu - It is in the discretion of the Court to take an action under the said section and the Court is expected to exercise the discretion judicially and judiciously having regard to the facts and circumstances..........
Indian Penal Code, 1860, Section 420, 467, 471, Criminal Procedure Code, 1973, Section 320, 482 -- Offence of cheating is compoundable but not the offence of forgery, but High Court in exercise of its inherent powers can quash criminal proceedings as Section 320 Cr.P.C. does not limit or affect the power of High Court u/s 482 Cr.P.C...........
Consumer Protection Act, 1986, Section 22(2) , 26(2), Civil Procedure Code, 1908, Section 151 -- Recall of order - Inherent powers - Application for recall of orders u/s 151 C.P.C. - Held that the provisions of Section 151 CPC are not applicable under CP Act - Misc. application under Section 151 CPC held not maintainable and dismissed...........
Motor Vehicles Act, 1988, Section 149 , 170 -- Civil Procedure Code, 1908, Order 41 Rule 33 - Quantum of compensation - Appeal by claimant - Neither owner nor driver of vehicle nor insurance company filed any appeal - Insurance company would have no right to question the quantum of compensation in absence of any leave having been granted in its favour in terms of Section..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of two cheques - Joint complaint - Maintainability of - Held, as per S.219 Cr.P.C. if the offences are of same kind and punishable with same punishment under same section, court can try these offences of same kind committed within a year together - In present case, both..........
Consumer Protection Act, 1986, Section 2(1)(g), Interest Act, 1978, Section 3, Civil Procedure Code, 1908, Section 34 -- Housing - Plot allotment - Interest rate - Charging on additional amount - Nothing in agreement which provides for rate of interest to be levied on the additional price on account of enhancement of acquisition cost - It has to be in keeping with..........
Criminal Procedure Code, 1973, Section 427 -- Two sentences - Running of - Power of court - Held, S.427, Cr.P.C. is very specific which provides for running of two sentences consecutive that is, one after another which is clear from language of sub-s.(1) of Section 427, Cr.P.C. that when a person already undergoing a sentence of imprisonment is sentenced on a subsequent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 36B, Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction u/s 8/15 NDPS Act - S.36-B of NDPS Act empowers the High Court to deal with the appeal and dispose of the same and exercise all powers conferred by Chapter XXIX and Section 374 Cr.P.C. - When view taken either by Session Judge or..........
Criminal Procedure Code, 1973, Section 438 -- Object - The object of the provision of S.438 IPC is to prevent undue harassment of the accused person by pre-trial arrest or detention - When conditions mentioned in the section are fulfilled, Court shall make an order that in the event of arrest the person shall be released on bail - Gravity of the offence is important factor..........
Criminal Procedure Code, 1973, Section 482 -- Offence whether made out under a specific provision of law - Held, even if an offence is made out under just one section, no ground exists for quashing the criminal proceedings - It will have to be appreciated during trial as to what offences are made out in the facts of the case...........
