Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 323, 451, 427, 147 -- Sanction for prosecution - Offence u/ss 323, 451, 427, 147 IPC - Petitioner acted under directions of Commissioner and proceeded in a bona fide manner while taking action regarding removal of encroachment - In such circumstances, acts complained of cannot be said to be wholly..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - S.197 Cr.P.C does not extend its protective cover to every act or omission of a public servant while in service - It is restricted to only those acts or omissions which are done by public servants in discharge of official duties...........
Criminal Procedure Code, 1973, Section 482, 197 -- Sanction for prosecution - Quashing of proceedings - Assertion in complaint that police officials without any authority entered the house and committed the alleged offences - At the stage of taking cognizance it cannot be concluded that acts allegedly done were committed while acting or purporting to act in the discharge..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - While performing official duty, if a person acts in excess of his duty and there is a reasonable connection between the act and performance of official duty, act done in excess cannot be regarded as a sufficient ground to deprive public servant of protection u/s 197 Cr.P.C...........
Prevention of Corruption Act, 1988, Section 17A -- Investigation - Prior approval of Government - FIR has been registered for separate incriminating acts which are not directly relatable to recommendations made or decisions taken by petitioner public servant in discharge of his official functions or duties and rather pertain to illegal transactions of demand and acceptance..........
Evidence Act, 1872, Section 114(e) -- Presumption - Official acts - There shall be presumption that all official acts have been regularly performed - Onus lies on the person who disputes the same to prove otherwise...........
Evidence Act, 1872, Section 114(e), 90 -- Documents executed by public authority - Documents more than 30 years old - Certified copy of Ex.D1 vesting title by Municipality, in favour of plaintiff's vendor produced - Plaintiff produced photocopies of all other resolutions, government orders and sale deed in favour of their vendor, by Municipality - Documents produced from..........
Insolvency and Bankruptcy Code, 2016, Section 434(1)(c) -- Transfer of winding up proceedings pending in High Court to Tribunal - Proceedings for winding up of a company are actually proceedings in rem to which entire body of creditors is a party - Proceedings might have been initiated by one or more creditors but by a deeming fiction petition is treated as a joint..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 186, 188, 342, 323, 149 -- Anticipatory bail - Offence u/ss 353, 186, 188, 342, 323, 149 IPC - Matter involving merciless beatings given to police official on duty - If concession of pre-arrest bail is granted to accused of assaulting public servants on duty that may further embolden people..........
Prevention of Corruption Act, 1988, Section 19, 13(1)(c), 13(2), Indian Penal Code, 1860, Section 465, 467, 468, 471, 201, 408, 120B -- Sanction for prosecution - Offence u/ss 13(1)(c), 13(2) of PC Act and Ss.465, 467, 468, 471, 201, 408, 120-B IPC - Acts done in discharge of official duty - Can only be decided when evidence is led - At the initial stage it need not to be..........
