Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Charges framed u/ss 466, 467, 468, 471, 474, 120, 204, 120-B, IPC - Role attributed to petitioner in commission of alleged offence was not part and parcel of his act or purported act in discharge of his official duty attached to his office of a Government Advocate or Public Prosecutor..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Matter of discharge and summoning accused u/s 319 Cr.P.C. stands on a different footing inasmuch as at the time of framing of charge, only prima facie evidence is to be looked into while clinching evidence is needed at the time of summoning the accused u/s 319 Cr.P.C. in which Court has to..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Act must fall within the scope and range of official duty of the public servant - If omission or neglect on part of public servant to commit the act complained of could have made the public servant answerable for a charge of dereliction of his official duty, it cannot be said that act was committed by..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Act in discharge of official duty of public servant - Irrespective of whether the applicant was on official duty, act of putting his pistol to the head of complainant and threatening him with dire consequences of eliminating him and his son in an encounter under the excuse that wheat crop was lifted..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Determination of mesne profits - Admissibility of lease agreement is not required to be determined for the purpose of assessing mesne profits especially when Rent Controller had passed ejectment order against tenant - Assessment of mesne profits and compensation is certainly a work of reasonable..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 177, 182, 184, 220(1) -- Dishonour of cheque - Jurisdiction - Issuance of three cheques for repayment of loan - Two cheques payable at place `G' and one cheque payable at place `D' - All the cheques dishonoured - Complaint regarding dishonour of all the three cheques filed at place `G' -..........
Criminal trial -- Circumstantial evidence - In a case resting on circumstantial evidence if accused fails to offer a reasonable explanation in discharge of burden placed on him, that itself provides an additional link in the chain of circumstances proved against him...........
Criminal Procedure Code, 1973, Section 227, 228 -- Discharge - Evidence recorded in a separate trial arising out of same FIR, cannot be taken into consideration while hearing u/ss 227 & 228 Cr.P.C. for allowing the prayer of an accused to discharge him from trial, as such material would be out and out extraneous to the consideration which has to be made by judge while..........
Criminal Procedure Code, 1973, Section 227, 228 -- Discharge - Court acting u/ss 227, 228 Cr.P.C. has to never traverse beyond the record of case and has to confine itself to the police report and documents submitted by police with it...........
Criminal Procedure Code, 1973, Section 227, 228 -- Discharge - Except that particular use which could be made in the light of provisions of S.145 of Evidence Act, that recorded evidence of informant does not have any value as regards a judge proceeding u/ss 227 or 228 Cr.P.C...........
