Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Liberty to move an application for cancellation of bail not restricted to State or investigating agency or a Public Prosecutor, an aggrieved party can also invoked it...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197(1) -- Sanction for prosecution - Every case against a public servant, alleging an offence punishable under the provisions of P.C. Act can be presented only on obtaining a prior sanction u/s 19 of P.C.Act - But a sanction u/s 197(1) Cr.P.C. is not required to be obtained as a matter..........
Criminal Procedure Code, 1973, Section 197(1) -- Sanction for prosecution - Where it was no duty of a public servant to commit a criminal act, which is indeed the act complained of, want of sanction u/s 197(1) Cr.P.C. was no bar to prosecution...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - MP's and MLAs - If a Govt. servant otherwise than a people's representative serves different departments at different times and ultimately at the time of taking cognizance, if he was not holding public office, then `order of sanction' to prosecute is not necessary - However, in the instant case,..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - MPs and MLAs - Public servant - MPs and MLAs are public servant for the purpose of Act...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Requirement - When there is an authority competent to remove a public servant, in that event prior to filing of a private compliant or charge sheet by police to Court, it is an absolute legal requirement that complaint or charge sheet, as the case may be should be accompanied by a sanction order...........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of forest land - Setting of educational complex for poor and under privileged children - Allocation of public land to a private entity - As per agreement petitioner will bear the education cost, fees etc. of such poor children - Petitioner failed to carry out the terms and conditions of allotment and utilizing such..........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of forest land - Setting of educational complex - Allocation of public land to a private entity - Once it is found that beneficiary of such allotment has abused its position to its advantage and to the disadvantage of public, Court cannot interfere with the fair order passed by competent authority resuming land...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - While discharging official duties, if a public servant enters into a criminal conspiracy or indulges in criminal misconduct, such misdemeanor on his part is not to be treated as an act in discharge of his official duties and therefore provisions of S.197 Cr.P.C. will not be attracted...........
Indian Penal Code, 1860, Section 376 -- Rape of minor girl aged 3-1/2 years old - Appeal against acquittal - Prosecutrix identified accused as the person who ravished her and described the sufficient detail of incident of rape - No worthwhile cross-examination by accused - Testimony of prosecutrix is reliable and corroborated by presence of blood of prosecutrix on the..........
