Prevention of Corruption Act, 1988, Section 19(1), Criminal Procedure Code, 1973, Section 197 -- Sanction to prosecute - Members of Parliament and the State Legislature are public servants liable to be prosecuted for offences under the Act - Cannot be prosecuted for offences under Section 7, 10, 11 and 13 of the Act because of want of an authority competent to grant..........
Prevention of Corruption Act, 1988, Section 19(1), Criminal Procedure Code, 1973, Section 197 -- Sanction to prosecute - Since there is no authority competent to remove a Member of Parliament and to grant sanction for his prosecution under Section 19(1) of the Prevention of Corruption Act, 1988, the court can take cognizance of the offences mentioned in Section 19(1) in..........
Criminal Procedure Code, 1973, Section 193, 319 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 - Summoning order - Accused-petitioner earlier discharged by Judicial Magistrate 1st Class on an application moved by the prosecution - Summoning order by Additional Sessions Judge u/S.319 of the Code at the stage of framing of the charge without recording..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Summoning order - Review/recalling of order - Application for recalling dismissed by the learned Judicial Magistrate - Petition for setting aside of order - Criminal Court cannot review or recall its own order - The order was open to challenge by filing either a revision or a..........
Criminal Procedure Code, 1973, Section 438 -- FIR under Section 406/498A of IPC - Anticipatory Bail - Articles of dowry belonging to complainant and entrusted to petitioner taken into the possession by the police - Not a case for the recovery of the articles of the dowry - Declining anticipatory bail to the petitioner will not serve any purpose - Anticipatory bail allowed...........
Criminal Procedure Code, 1973, Section 439(2) -- FIR under section 302 IPC - Cancellation of bail - Allegation of threats to petitioner No.1 and 2 who are prosecution witnesses by respondent-accused - Not only gave threats but also belaboured petitioner No.2 with lathi causing seven injuries on his person - Accused-respondent when summoned to police station, he started..........
Essential Commodities Act, 1955, Section 7(1)(a)(ii), 10(1), Criminal Procedure Code, 1973, Section 319, 482 -- Fertilizer Control Order, 1985, Clause 19(1)(a) - Quashing of complaint - Petition for - Prosecution not launched against the company - No complaint competent against an employee of the company without arraigning the company as accused - Power vesting in the..........
Civil Procedure Code, 1908, Section 144 -- Decree for restitution under Section 144 CPC indivisible - Such decree cannot be interfered with unless all the parties in whose favour such decree was passed are before the Supreme Court in appeal...........
Punjab Village Common Lands (Regulation) Act, Section 13,2(c),2(g) -- as in Haryana State - Suit in Civil Court for permanent injunction against Sarpanch and others restraining them from constructing a Gali through Sehan of property of plaintiff - Interim injunction granted to maintain status quo - Objection that jurisdiction of Civil Court barred under Section 13 - Not..........
Civil Procedure Code,, Section 9 -- Plea that in a case where question of jurisdiction is raised Court should not grant interim injunction - Not tenable in view of Supreme Court decision in Tayabbhai M. Bagasarwalla's case 1997 (3) SCC 443 - Court has jurisdiction to pass interim orders during pendency of proceedings - Mere objection to jurisdiction - Does not instantly..........
