Narcotic Drugs and Psychotropic Substances Act, 1985, Section S.37(1, Criminal Procedure Code, 1973, Section 437, 439 -- Offence under NDPS Act punishable for five years or more - Bail - Accused cannot be granted bail unless limitations contained u/s 437 and 439 Cr.P.C. and Section 37 of NDPS are satisfied - Limitations contained in S.37(1) of NDPS Act are in addition to..........
Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 73, 45 -- Specimen handwriting - During investigation - Direction of Court to accused to give handwriting in course of investigation to enable investigating agency to compare such writing - Can be made under provision of S.164 Cr.P.C. - Section 73 of Evidence Act is no impediment - Handwriting opinion..........
Criminal Procedure Code, 1973, Section 397(2) -- Interlocutory order - No revision lies against interlocutory order - Test to determine whether an order is interlocutory order or not are: (1) If the contention of the petitioner who moves the superior court in revision, as against the order under challenge is upheld, would the criminal proceedings as a whole culminate? If..........
Criminal Procedure Code, 1973, Section 389 -- Penal Code, 1860, Section 302/149 - Suspension of sentence - Appeal filed by the appellant in the High Court in the year 1997 against conviction u/S.302 with the help of Section 149 IPC and application for suspension of sentence not granted - Application filed in the year 2001 praying suspension of sentence again rejected -..........
Criminal Procedure Code, 1973, Section 320, 482, -- High Court while exercising power under Section 482 Cr.P.C. can allow the compounding of the offence, even in non-compoundable offences, if it is in the interest of parties and in the larger interest of the society...........
Consumer Protection Act, 1986, Section 27, Criminal Procedure Code, 1973, Section 4(2) -- Penalties - Applicability of the provisions of Cr.P.C. - Not expressly made applicable to the proceedings under the Consumer Protection Act - Having regard to the provisions contained in sub-section (2) of Section 4 of the Cr.P.C. the procedural provisions therein shall be attracted...........
Consumer Protection Act, 1986, Section 27, Criminal Procedure Code, 1973, Section 4(2),427(1) -- Penalties - Offender already undergoing sentence for another offence - Plea of the petitioner for directing to run the sentence concurrently rejected by respondent No.2 on the ground that the sentence imposed in the earlier consumer dispute was not directed to run concurrently..........
Constitution of India, 1950, Article 226 -- Dismissal in limine of writ petition - Speaking order - Necessary - Reasons are flesh and blood of judicial adjudication - Such reasons must be shown in orders liable to be challenged in Superior Court - Writ petition disposed of without stating any reason whatsoever and order reads - 'We have heard the learned counsel on merits...........
Criminal Procedure Code, 1973, Section 172(3), 173(5) -- Demand by the applicant accused for copies of statements recorded by police under Section 161 Cr.P.C which are not filed by the prosecution in the court along with the charge sheet and on whom the prosecution is not relying - The demand of the applicant accused held untenable...........
Criminal Procedure Code, 1973, Section 438 -- Penal Code, 1860, Section 406, 498A - Anticipatory bail - Concealment of material facts - Averment by petitioner that he is directly approaching the court for anticipatory bail whereas his application was pending in the Sessions Court - Making the false allegations by petitioner misled the court and application for anticipatory..........
