Nikunj Sharma Vs State Of J&K And Another
.... d by a Magistrate as a mere matter of routine but it is an exercise of his judicial discretion having regard to the policy underlying it. In our opinion, therefore, when such a breach is brought to the notice of the court at an early stage of the trial the court will have to consider the nature ...
Jammu And Kashmir High Court
Anis Ahmad Choudhary Vs State Of J&K & Ors
.... ically and in a very casual manner regardless of the settled principles of law. The provisions of Section 17 of the Act had not been complied with. As earlier noticed the SP while authorising the SHO to investigate had made only an endorsement to the effect “Please register the case and investiga ...
Jammu And Kashmir High Court (Srinagar Bench)
CBI Vs Sachin Garg
.... ffences for which he is tried; and upon such withdrawal- (a) If it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences; (b) if it is made after a charge has been framed, or when under this Code no charge is required he shall ...
Delhi High Court
State Of Jammu & Kashmir And Others Vs Dr. Saleem Ur Rehman
.... Srinagar authorising the Inspector to investigate the offences, which authorisation was in exercise of powers under the second proviso to Section 3. The High Court framed the following questions: a) Whether Section 3 of the Prevention of Corruption Act is a mandatory provision and its non-a ...
Supreme Court Of India
Vianaar Homes Private Limited Vs Assistant Commissioner (Circle-12), Central Goods & Services Tax, Audit-II, Delhi & Ors
.... eal. The argument was that subordinate legislation is saved despite the repeal of the parent statute. In this background the Supreme Court correctly interpreted that because of a lack of any legislative intent to the contrary, the new statue envisaged a complete repeal of the prior statute along ...
Delhi High Court
Dr. Reyaz Farooq Vs State Of Jammu & Kashmir And Others
.... h can enable the Investigating Agency to carry out an in-depth analysis of a complaint while examining documents and formulating opinions. 32. The Constitution Bench of the Hon’ble Supreme Court in the case of Lalita Kumari v. Govt. of UP[AIR 2014 SC 187] has held as under: “Conclusion ...
Jammu & Kashmir High Court (Srinagar Bench)
Ms Mona Vs State of Rajasthan & Ors.
.... avit of Shri Bajrang Singh to the effect that on the date he conducted raid, he was notified as Special Police Officer as per provisions of the Act. List on 11.04.2018. A copy of this order under the seal and signature of Court Master be handed over to Shri N.S. Dhakar, learned Public Pros ...
Rajasthan High Court (Jaipur Bench)
Rajendra Jonko Vs The Superintendent of Police, Central Bureau of Investigation and The State of Maharashtra
.... 65 of the Indian Penal Code (or of an offence referred to in clause (a) or clause (b) of subsection (1) of section 5 of this Act punishable under sub- s. (2) thereof, it is proved that an accused person has accepted or obtained, or has agreed to accept or attempt to obtain, for himself or for any ot ...
Bombay High Court
Dinesh Sarda Vs State of Maharashtra
.... bject canvassed at the Bar. 7. The term ''information'' used in Sections 154, 155, 156 and 190(c) of the Code of Criminal Procedure (in short ''Cr.P.C.'') read collectively, must disclose cognizable offence, to be recorded as First Information Report. It is obligatory on the part of any Police Of ...
Bombay High Court (Nagpur Bench)
State of M.P. Vs Dr. Devendra Singh
.... led that not only an authorisation is required for investigation by police officer below the rank of Deputy Superintendent of Police or any police officer of above rank as per second proviso to Section 5-A(1) of the Act, but the authorisation should also contain the adequate reason. 7. In the pre ...
Madhya Pradesh High Court (Indore Bench)
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