Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Offence u/s 3(1)(xi) of the Act - Prosecution has failed to prove caste of prosecutrix either through any credible documentary evidence or otherwise, therefore conviction of accused u/s 3(1)(xi) of the Act, set aside...........
Prevention of Corruption Act, 1988, Section 17A -- Prior approval from competent authority - Approval as provided u/s 17-A of the Act comes into play only when alleged offence is relatable to any recommendation made or decision taken by a public servant in discharge of his official functions or duties...........
Prevention of Corruption Act, 1988, Section 17A -- Prior approval from competent authority - Allegations related to corruption and malpractice in the selection process are not relatable to any recommendation made or decision taken by a public servant - Prior approval is thus, not required...........
Unlawful Activities (Prevention) Act, 1967, Section 18 -- Offence u/s 18 of the Act - For attracting S.18 of the Act, involvement of accused in the actual commission of terrorist act as defined in S.15 of the Act need not be shown - Hence, if there is any material or evidence to show that accused had conspired or attempted to commit a terrorist act, or committed any act..........
Unlawful Activities (Prevention) Act, 1967, Section 43D, 13, 17, 18, 18(B), 38, 39, Indian Penal Code, 1860, Section 120B, 153A, 153AA -- Bail - Offence u/ss 13, 17, 18, 18(B), 38, 39 of UAPA and Ss.120-B, 153-A, 153-AA IPC - There are reasonable grounds for believing that accusations against respondents are prima facie true and that the mandate contained in S.43(D)(5)..........
Criminal Procedure Code, 1973, Section 436A, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Offence u/s 4 of PMLA - Charge has not been framed - There is thus, no prospect of even the trial commencing - Appellant entitled to be enlarged on bail...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 3(1)(r) of SC/ST Act - Offence is neither committed in public view nor committed at public place - No member of public was present at the time of incident - Provision of S.3(1)(r) of the Act not..........
Civil Procedure Code, 1908, Section 9, Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, Section 37 -- Jurisdiction of Civil Court - Bar u/s 37 of 1956 Act - Civil Court is prohibited from entertaining any suit to vary or set aside any decision or order of Consolidation Court passed under the Act in respect of the matter for which proceedings could..........
Civil Procedure Code, 1908, Section 9, Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, Section 37 -- Jurisdiction of Civil Court - Bar u/s 37 of 1956 Act - In the instant case, plaintiff has not instituted any suit either to vary or set aside any decision or order passed by the Consolidation Court under the Consolidation Act - Plaintiff had..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Recovery of tainted notes from the floor - Admittedly, when the trap party entered, accused was holding the notes in his hands and on seeing trap party, he dropped the notes on the floor - Recovery of tainted currency notes from the floor has been clearly explained by prosecution - Since,..........
