Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227 -- When complaint does not make out any case - Accused can approach High Court under Section 482 Cr.P.C. or Article 227 Constitution to have proceeding quashed against him - Held, on facts, High Court not justified in holding that appellants should approach the Court for their discharge..........
Criminal Procedure Code, 1973, Section 306(4)(a), 307 -- Approver - Accused granted pardon after case committed to Court of Sessions - It is not necessary to comply with sub-section (4)(a) of S.306 of the Code - Non examination of approver as a witness after grant of pardon does not vitiates entire proceeding...........
Criminal Procedure Code, 1973, Section 465 -- Pardon to accused tendered by a Court of incompetent jurisdiction - Provisions of Section 465 held not applicable...........
Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41 -- Second appeal - When law prescribes as to how jurisdiction is to be exercised and power is conferred for that purpose, it has to be exercised that way - For a second appeal to be maintainable, it has to satisfy the parameters as laid down in Section 41 of the Punjab Courts Act or Section 100 of..........
Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952, Section 10 -- Rectification of any accidental slip, clerical or typographical mistake in the order passed by the Authorities under the Act - Civil Court has no jurisdiction - Section 10 bars jurisdiction of any Court or Officer or Authority to go into validity of award or order made to which finality is..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing - Complainant Government servant - Filed complaint with police alleging beaten by the petitioner - FIR registered under sections 353, 332 and 186 IPC - Court took cognizance and charge framed - Petitioner's plea that Section 195 of the Code of Criminal Procedure bars the Court from taking cognizance of any..........
Criminal Procedure Code, 1973, Section 482 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 - Drugs and Cosmetics Act, 1940 - FIR - Petition for quashing - None of drugs seized falls within the mischief of "Narcotic Drugs" and "Psychotropic Substance" as defined in the Act - But they are "Drugs" or "medicines" as defined in the Drugs and Cosmetics Act -..........
Criminal Procedure Code, 1973, Section 389(2) -- Conviction under Section 304B I.P.C. - Appeal against conviction - Suspension of sentence - Sentence passed on `S' father-in-law of the deceased suspended during the pendency of the appeal and bail ordered to be allowed to him...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Section 438 of the Code applies to all no, bailable offences and not merely to offences punishable with death or imprisonment for life - Applicability of the section is not confined to offences triable exclusively by the Court of Sessions - There is no indication in Section 438 of the Code for justifying a..........
Criminal Procedure Code, 1973, Section 155 -- Non-cognizable offence - Taking of cognizance by Magistrate - Magistrate can take cognizance of an offence on the basis of police report even though such report indicates only a no, cognizable offence - Such a report cannot be said to be vitiated by virtue of Section 155 when the investigation was only in respect of cognizable..........
