Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19 -- Quashing of proceedings - Validity of sanction to prosecute - Inherent power u/s 482 Cr.P.C. invoked after dismissal of discharge application and consequent revision petition - Order quashing proceedings, on the ground that sanction to prosecute is illegal and invalid, set aside..........
Prevention of Corruption Act, 1988, Section 17A -- Investigation - Prior approval of government - S.17-A of the Act has following main three facets : accused is (a) a public servant; (b) alleged offence is relatable to any recommendation made or decision taken by such public servant; and (c) while acting or purporting or in connection to act in discharge of his official..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Merely watching porn privately by itself may not constitute cruelty to other spouse - However, if a porn watcher compels the other spouse to join him or her, that would certainly constitute cruelty and if it is shown that on account of this addiction, there is an adverse impact on the discharge of one's..........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Demand and acceptance - Recovery of each and every money on trap would not satisfy requirement of gratification unless money was being paid for discharge of official duty pending with accused...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - At the stage of consideration of discharge, Court is only required to consider as to whether there are sufficient materials which can justify launch of a criminal trial against accused...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - At the stage of considering discharge application, Court cannot consider documents which are not admitted by prosecution...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - Likelihood of accused in succeeding to establish his probable defence cannot be a ground for his discharge...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - At the stage of considering discharge application, Court should not enter into appreciation of evidence to verify if the defence plea can be established by accused or not...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - When Magistrate considers charge against accused to be groundless which means without any basis or foundation, accused can be discharged...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - When materials at the time of consideration for framing charge are of such a nature that if unrebutted, it would make out no case whatsoever, accused should be discharged...........
