41. Indirect Tax Practitioners Association VS Contempt Petition (Crl. ) No. 9 of 2009 - 13 Aug 10

Words scandalize, criminal contempt and whistleblower interpreted. Scope and ambit of Section 13 of the Contempt of Courts Act discussed.

(d) Contempt of Courts Act, 1971 – Section ... ) No.15 of 1997 and whether contents of the editorial constitute criminal contempt within the meaning of Section 2(c) of the Contempt ... The definition of the term ‘criminal contempt’ as contained in Section 2 (c) of the Act reads as under:- “2. ... Customs Appeal Nos.C/112 & 139/2009 from Division Bench to Single Member Bench in violation of provisions of Customs Act and CESTAT (Procedure

India - Supreme Court

42. Thressiamma VS State of Kerala - 28 Sep 10

(1) Mere giving of notice by a lawyer at a station other than that of complainant would not confer jurisdiction on a court to try an offence under Section 138 at a place where the lawyer resides.(2) In the event an accused in a criminal case has got a dispute regarding the territorial jurisdiction of a Magistrate, before whom he is prosecuted, it should have been raised at the earliest opportunity at least before starting the trial. In the events he keeps silence, faces trial and suffers conviction, he is not entitled to raise the dispute later in appeal or in a revision so long as such trial had not caused any prejudice to him.

Negotiable Instruments Act, 1881—Section 138—Criminal Procedure Code, 1973—Section 462—Prosecution for dishonour of cheque—Territorial ... In the event an accused in a criminal case has got a dispute regarding the territorial jurisdiction of a Magistrate, before whom ... jurisdiction—Whether Magistrate having territorial jurisdiction over place from where merely notice under Section 138(b) of the ... Sankaran Vaidyan Balan, (1999) 3 KLT 440 (SC) a complaint under Section 138 of the Negotiable Instruments ... Proceedings in wrong place— No finding, sentence or order of any criminal court shall be set aside ... In the event an accused in a criminal case has got a dispute regarding the territorial jurisdiction

India - Current Civil Cases

43. Maharashtra State Electricity Distribution Co. Ltd. VS Datar Switchgear Ltd. - 08 Oct 10

Ingredients of Sections 192 and 199, IPC restated. Setting in criminal justice system in motion to pressurize the other party in a dispute of civil nature is an abuse of the process of law. Principle of vicarious liability having not been incorporated in Sections 192 and 199 the complainant must specifically aver role of each of the accused in the complaint.

(a) Code of Criminal Procedure, 1973 – Section 482 – Setting in criminal justice system ... 482 to quash the criminal proceedings. ... On the basis of observations in the arbitral award, respondent Nos. 1 to 3 filed criminal complaint for offences under Sections ... 302 IPC, but to emphasise that the power under Section 482 CrPC to quash the FIR or criminal proceedings should be used sparingly ... In Som Mittal (supra), a three judge bench of this Court, while holding that the power under Section 482 of the Code to quash criminal ... 482 of the Code to quash the criminal proceedings.

India - Supreme Court

44. Ashok Leyland Finance Ltd. VS Ramesh Kumar - 09 May 02

Where vehicle is in possession of hirer under hire-purchase agreement and clause in agreement empowered financier to take possession of vehicle and vehicle came to be seized by police in a criminal case, financier would be entitled to interim custody under Section 451, Cr. P.C. when he claimed that hirer had already committed breach of agreement.

of hirer or of financier - Respondent got the vehicle financed by petitioner - Vehicle seized by police in a criminal case got registered ... Criminal Procedure Code, 1973 - Section 451 - Interim custody of vehicle subject matter of hire purchase agreement – Entitlement ... ... At this stage notice has to be taken of the provisions of Section ... Section 451 of the Code of ... taken by the police; rather the short controversy to be decided was as to who was entitled to receive vehicle on Superdari under Section ... the proceedings and held that the allegations in the complaint were capable of making out offences punishable especially under Section

India - Crimes

45. Fertico Marketing And Investment Pvt. , Ltd. VS C. B. I. ,Anti Corruption Branch Lucknow - 17 Mar 21

Criminal conspiracy – Quash of Criminal Proceedings - Exercise of power vested in it under Section 482 of Cr.P.C. Such exercise of power, besides doing justice to accused, would save precious court time, which would otherwise be wasted in holding such a trial (as well as, proceedings arising therefrom) specially when, it is clear that same would not conclude in conviction of accused.

The offence of criminal conspiracy under Section 120-B IPC is against the petitioners and DIC officials, who issued forged and fabricated ... Criminal Procedure Code, 1973 - Section 482 – Indian Penal Code, 1860 – Section 120-B - Prevention of Corruption ... Act, 1988 - Delhi Special Police Establishment Act, 1946 - section 6 - Whether the material relied upon by the accused, would rule ... Section 120-A IPC defines criminal conspiracy. The section reads as under: “120-A. ... Section 120-B IPC provides for punishment for an offence of criminal conspiracy. 20. ... Whether in absence of Officer/official of NCL, charge of Criminal conspiracy under section 120-B IPC could be made out?"

India - Allahabad

46. Women Lawyers Association rep. By its Secretary VS State of Tamil Nadu - 29 Oct 09

Ratios:a. While carrying out any operation or activity inside the Court premises which would otherwise cause prejudice to the judicial institution, the police and other officials are to get necessary instructions and if necessary, permission.b. Before use of force against an unlawful assembly, police should make all attempts to arrest key persons in the assembly and when their attempt to control the assembly fails, as a last resort, force may be used. c. Mere law and order problem cannot be an excuse to the police for the use of force against the members of an assembly.d. Use of lathi charge by police against the members of an unlawful assembly cannot be the first step to disperse it. e. An officer ordering use of force against a member of an assembly can escape from the legal consequences of his act only if he exercised his power in good faith.f. A member of an armed force using force or does any act against a member of an assembly can escape from the legal consequences of his act only if he does any act in obedience of any order which he is bound to obey.g. To establish good faith one will have to show his previous conduct of due care and attention.h. The judiciary is looked upon by every one with high amount of confidence and come for one’s rescue and take all endeavor to remedy the wrong or prevent an evil from taking place or redress the grievance to the extent to which one is entitled/possible and thereby keeping its mettle high in everyone’s esteem and expectation.i. Constitutional provisions regarding the judiciary have been couched in such a manner that the process of judicial institution is kept aloof from the reach of any other wing of the State and thereby ensure confidence in the minds of the common man.j. Any attempt from any quarters either deliberately, subvertly, negligently, recklessly or in any other allied manner to cause a dent to the judicial institution should be seriously dealt with in order to ensure that the greatness of the institution is not undermined by any one to the detriment of the public at large. k. The judiciary should take all appropriate measures to protect its status, glory and dignity and thereby instil confidence in the minds of everyone about its independency and effectiveness to render justice.l. It is high time that the Advocates Associations take a very pragmatic approach and take a firm decision to resort to any other passive method by which they can exhibit their protest in a subtle way instead of resorting to Boycott of Courts.m. Legal profession gives the advocate an insight into the character of his fellow-men, into all their weaknesses and all their strength, and an opportunity to do real good by helping in the proper administration of justice and maintenance of judicial standards. n. No hard and fast rule can be laid down that in case of disputed question of fact, the remedy under writ jurisdiction are to be denied. o. Good faith requires not logical infallibility, but due care and attention.p. How far erroneous actions or statements are to be imputed to want of due care and caution must in each case, be considered with reference to the general circumstances and the capacity and intelligence of the person, whose conduct is in question.q. When a question arises as to whether a person acted in good faith, then it devolves upon him to show not merely that he had a good intention but that he exercised such care and skill as the duty reasonably demanded for its due discharge.r. It is the prerogative of the Chief Justice to regulate the entry of Police in the High Court campus.s. Before deploying additional strength of police force inside the Court campus, either for providing security to VIPs attending the Courts or under other circumstances, permission of the High Court ought to be obtained.t. In case of serious Law and Order problem within the Court campus, the police can take necessary steps immediately even without prior permission from the High Court/Principal District Judge and when such steps are taken, without any delay, the police have to inform the High Court/Principal District Judge about the mobilization of strength, steps taken in handling the situation. u. In the absence of any ill-motive on the part of the police, it is not contempt when an advocate is arrested inside the Court premises.v. When an advocate is arrested for criminal process, to take action for contempt, mala fide on the part of the police has to be shown to indicate that there was an intention to interfere with the due course of justice. w. There is no general immunity for a lawyer against his arrest inside the Court premises.x. Advocates are, subject to their adherence to the Code of Conduct, entitled to protection in discharging their professional duties.y. While dispersing an unlawful assembly, the police should use the minimum amount of force and cause as little injury as possible.z. Only after the use of minimum force by the police failed to disperse the unlawful assembly, the executive magistrate present in the secne of occurrence may cause it to be dispersed by the armed forces. aa. In the matters of use of force or armed forces to disperse an unlawful assembly, the choice must have to be dictated by public interest, to safeguard law and order as well as public tranquility and it must not be unprincipled or unreasoned.bb. The action of the police in using force to disperse an unlawful assembly and the order of lathi charge is subject to the judicial review.cc. When a question arise as to whether the police have committed excess and exceeded their limits, the Court may lift the veil and decide whether there was good faith and whether the officer has acted with due care and attention.dd. Police carrying deadly weapons and a privileged authority to use force have a special responsibility to keep control of themselves and their fellow officers. ee. Any time a Police officer abuses his or her authority and inflicts undue suffering on any person, it is an affront, not only to the victim of the pain but to society as a whole.ff. Contempt jurisdiction is extraordinary in character, should not be used for the personal protection of the Judges.gg. Contempt jurisdiction is applied against any authority or person whenever there is any kind of interference in the Administration of Justice and to maintain supremacy of law. hh. Contempt is sui generis. There is no prosecution, no summons or warrant, no right of trial by jury. The judge decides the matter, on the basis of his own knowledge of the facts which is the basis of his power. ii. Award of compensation against the State is an appropriate and effective remedy for the redressal of an established infringement of a fundamental right under Article 21 by a public servant.jj. Award of compensation by way of public law remedy will not come in the way of the aggrieved person claiming additional compensation in a civil Court, in enforcement of the private law remedy in tort, nor come in the way of the criminal Court ordering compensation under Section 357 of Code of Civil Procedure.

benefit provided under the said Section. ... ... Per R.Banumathi J:The underlying intention of section Section 129 ... Under Section 129, the use of armed force is not provided for. ... It was further submitted that as per the procedure contemplated under Section 345 Cr.P.C ... The Court is entitled to devise its own procedure for dealing with contempt of Court, and the generally accepted criminal law principles ... Section 2(c) of the Contempt of Courts Act, 1971 (for short the Act) defines criminal contempt as

India - Madras

47. K. Rajesh VS State of Kerala - 06 Feb 15

No person shall have a vested right in any course of procedure.

145(2)—Dishonour of cheque—Transfer of pending cases—No person shall have a vested right in any course of procedure and ... (Paras 5 and 6) ... Result: Criminal Revision Petition allowed. ... Criminal Revision Petition allowed. ... Section 145 of N.I. ... in complaints under Section 138 of N.I.

India - Dishonour Of Cheque

48. TOFAN SINGH VS STATE OF TAMIL NADU - 29 Oct 20

(1) Officers who are invested with powers under Section 53 of NDPS Act are “police officers” within meaning of Section 25 of Evidence Act. Any confessional statement made to them cannot be taken into account in order to convict accused under NDPS Act.(2) Statement recorded under Section 67 of NDPS Act cannot be used as a confessional statement in the trial of an offence under NDPS Act.(3) No individual should be forcibly subjected to any of techniques in question, whether in context of investigation in criminal cases or otherwise.

self-incrimination – No individual should be forcibly subjected to any of techniques in question, whether in context of investigation in criminal ... an officer referred to in Section 42 who may use powers given under Section 67 ... 67 are to be exercised in conjunction with powers that are delineated in Section 42(1) – In Section 67(c) of NDPS ... to three years, and file a police report, as no complaint procedure, being the procedure under section 36A of the NDPS Act, would ... They can exercise such authority as is provided for a police officer under the Police Act and any Act for regulating criminal procedure ... procedure.

India - Supreme Court

49. Maniyeri Madhavan VS Sub Inspector of Police - 22 Sep 93

Where the court in exercise of jurisdiction under Article 142 of the Constitution has ordered investigation to be conducted by C.B.I procedure u/s. 6 of the Delhi Special Police Establishment Act need not be followed.

Delhi Special Police Establishment Act Section 6 - Attack on the person and property ... submitted - For the jurisdiction of C.B.I. procedure u/s. 6 of the Act need not be followed where the court exercise jurisdiction ... section 440). ... As regards jurisdiction of the members of the Delhi Special Police Establishment, we do not think the procedure under section 6 need ... A criminal, especially white collar Criminal e.g. a smuggler engages the investigating agencies by moving application after application

India - Supreme Court

50. Thressiamma VS State of Kerala - 28 Sep 10

(1) Mere giving of notice by a lawyer at a station other than that of complainant would not confer jurisdiction on a court to try an offence under Section 138 at a place where the lawyer resides.(2) In the event an accused in a criminal case has got a dispute regarding the territorial jurisdiction of a Magistrate, before whom he is prosecuted, it should have been raised at the earliest opportunity at least before starting the trial. In the events he keeps silence, faces trial and suffers conviction, he is not entitled to raise the dispute later in appeal or in a revision so long as such trial had not caused any prejudice to him.

No finding, sentence or order of any criminal ... the Code of Criminal Procedure, which reads as follows: “Section 462.

India - Dishonour Of Cheque