Criminal Procedure Code, 1973, Section 225,24(8) -- proviso - Question whether trial can be conducted by advocate of original complainant or victim - Held, effect of Section 225 of the Code will be diluted if advocate of original complainant or victim is permitted to conduct trial - Trial can be conducted only by public prosecutor...........
Consumer Protection Act, 1986, Section 21(b) -- Revision petition - New plea - No new ground can be permitted to be taken at the stage of revision. (Para 5) Consumer Protection Act, 1986, Sections 2(1)(b)(iv), 2(1)(r), 12(1)(c), 13(6) and 14(a) to (i) - Civil Procedure Code, 1908, Order 1 Rule 8 - Cold drink - Excess charge - Unfair trade practice - Representative..........
Consumer Protection Act, 1986, Section 21(b) -- Revision petition - New plea - No new ground can be permitted to be taken at the stage of revision. (Para 5) Consumer Protection Act, 1986, Sections 2(1)(b)(iv), 2(1)(r), 12(1)(c), 13(6) and 14(a) to (i) - Civil Procedure Code, 1908, Order 1 Rule 8 - Cold drink - Excess charge - Unfair trade practice - Representative..........
Civil Procedure Code, 1908, Section 92 -- Conditions required to be satisfied in order to apply S.92 of the Code are : (a) There is a trust created for public purpose of a charitable or generous nature; (b) There is a breach alleged of such trust, or the direction of the Court is necessary for the administration of such trust; (c) The suit must be a representative one on..........
Criminal Procedure Code, 1973, Section 167(2) -- Bail - Detention beyond period of 180 days - Contraband substance allegedly recovered from the accused falls within the meaning of commercial quantity - Discretionary power vests in Special Judge under NDPS Act - Period of limitation for completing investigation and initiation of complaint 180 days when reckoned from the..........
Criminal Procedure Code, 1973, Section 202, 203, 204 -- Scope of enquiry under Section 202 - Held, scope is extremely restricted only to finding out the truth or otherwise of the allegations made in the complaint in order to determine whether process should be issued or not under Section 204 of the Code or whether the complaint should be dismissed by resorting to Section..........
Criminal Procedure Code, 1973, Section 482, 320 -- Compounding of offence - Offence u/ss 147 , 323, 325, 356, 379, 452 read with Section 149 IPC - Petitioner entered into compromise with the victim and an application for compounding of offences made - Magistrate allowed compounding of offences u/ss 147, 323, 325, 356, 379 IPC, these offences being compoundable - No..........
Criminal Procedure Code, 1973, Section 31, 362 -- Accused convicted in the same trial for different offences under IPC - No order that sentence shall run concurrently - Appeal against dismissed - Revision also dismissed by High Court - Prayer not made in appellate Court and in Revision for making sentence awarded to run concurrently - Petition u/s 482 r/w S.31 Cr.P.C. with..........
Civil Procedure Code, 1908, Section 100A, 104, 114, Order 47, Rule 1 -- Application for review u/s 114 r/w O.47.R.1 CPC seeking review of order passed in LP - Held, even an order which is appealed against Order 43 Rule 1 read with Section 104 CPC cannot be assailed in LP in view of prohibition contained under Section 100-A of CPC which in its ambit and sweep covers an..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, 15, Criminal Procedure Code, 1973, Section 432(1), Constitution of India, 1950, Article 161 -- Conviction u/s 15 of NDPS Act and accused sentenced to 10 years RI - Accused sought pre-mature release that he had undergone 12 years including remissions granted under Article 161 of Constitution - Governor of..........
