Criminal Procedure Code, 1973, Section 197, 202 -- Complaint - Public servant - Sanction for prosecution - Raising of plea by accused at enquiry stage - Held, accused in the course of enquiry into a complaint u/s 202 Cr.P.C. and before order has been passed about issuance of process can raise plea under Section 197 Cr.P.C. before the Court by filing such documents which..........
Consumer Protection Act, 1986, Section 11(2), Civil Procedure Code, 1908, Section 20,21(1) -- Territorial jurisdiction - Although there is no specific provision in the C.P. Act, 1986 akin to Section 21 of the CPC, 1908, Consumer Fora established under the provisions of the C.P. Act, 1986 have all the trappings of a Civil Court and judicial authority and the proceedings..........
Consumer Protection Act, 1986, Section 11(2), Civil Procedure Code, 1908, Section 21 -- Territorial jurisdiction - Objection as to - Doctrine of Waiver - As a general rule, neither consent nor waiver nor acquiescence can confer jurisdiction upon a Court or quasi judicial authority which is otherwise incompetent to try a suit or Complaint - Section 21 of the CPC provides an..........
Indian Penal Code, 1860, Section 363 -- Girl in her statement stated that she of her own went alongwith accused and she got out of the house after informing her parents and that accused was affectionate towards her and he was taking up private classes exclusively for her and that he was touching her frequently and used to caress her and kiss her - Girl though less than 18..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18, 61, 50 -- Bail - Recovery of 3 Kgs. of opium - Plea that there has been no, compliance of Section 50 of the Act at the time when search was conducted and not independent witness associated in raiding party and on the date of the crime the accused was aged 18..........
Indian Penal Code, 1860, Section 304 Part I, 304 Part II -- Applicability - Second Part of Section 304 IPC applies when there is no guilty intention, but there is guilty knowledge i.e. the act by which death was caused was done with the knowledge that the act was likely to cause death, but without any intention to cause death, or such bodily injury, as was likely to cause..........
Criminal Procedure Code, 1973, Section 482, 397, 401 -- Inherent power - Order passed by Sessions Judge and also by the Sub Divisional Judicial Magistrate revisable order - The same not challenged by filing revision but petitioner under Section 482 filed after a period of five years - Held that when there is specific provision under the Cr.P.C. i.e. Ss.397 and 401 under..........
Criminal Procedure Code, 1973, Section 311, 482 -- Additional evidence - Application by wife for maintenance u/S.125 Cr.P.C. - Wife examined two witnesses but did not appear herself as her own witness and her application stood dismissed - Application by respondent wife before Sessions Court in revision for additional evidence seeking permission to allow her to appear as..........
Criminal Procedure Code, 1973, Section 340, 195 -- Fabrication of document in proceedings before Civil Court - Section 340 Cr.P.C. is applicable irrespective of fact whether proceedings are of Civil or of Criminal nature - S.340 Cr.P.C. is applicable even to the Revenue Courts...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- No strict compliance of S.57 - No evidence that accused was prejudiced by the failure to comply with the Section - Not a ground for acquittal - S.57 is only directory...........
