Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Writ petition in pubic interest seeking larger relief of according sanction for prosecution in all criminal cases relating to possession of assets disproportionate to income by public servants - Subsequent writ petition in public interest questioning action of Govt. in not according sanction to..........
Prevention of Corruption Act, 1988, Section 19, Constitution of India, 1950, Article 226 -- Public servant - Sanction for prosecution - Public interest litigation - Locus standi - Public servant allegedly in possession of assets disproportionate to his known sources of income - Refusal of sanction for prosecution - PIL against - It is wrong for Court to judge petitioner's..........
Indian Penal Code, 1860, Section 500 -- Defamation - Complaint against Chief Executive Officer of TV channel on allegation that news reader of TV channel while narrating reaction of complainant on murder of political leader said that complainant rebuked media in filthy language, lowering dignity of the complainant and thus defamed him in public - No mens rea on part of..........
Indian Penal Code, 1860, Section 273 -- Sale of noxious food - Allegations of seizure of gutka - Report of State Public Health Laboratory not indicating that gutka was noxious article of food within meaning of S.273 of Code - Held, accused entitled to be discharged of offence u/s 273 of Code...........
Criminal Procedure Code, 1973, Section 190(1)(a), 200 -- Personal examination of complainant - When necessary? - Held, Magistrate before he takes cognizance of an offence u/s 190(1)(a) of Code, needs to personally examine complainant and witnesses and he cannot for this purpose act upon affidavit of complainant and/or witnesses, unless, complaint is governed by a statute..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 467, 468, 471, 409, 34, Constitution of India, 1950, Article 21 -- Quashing of FIR - Offence u/ss 406, 420, 467, 468, 471, 409 & 34 IPC - Quashing of FIR sought on the ground that FIR was lodged in the year 1988 and trial has not begun yet and that delay is violative of Fundamental Right..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 458, 323, 341, 506, 148, 149 -- Compounding of offence - Quashing of FIR - FIR registered u/ss 458/323/341/506/148/149 IPC - Parties are residing in same village and locality and belong to same caste - On intervention of respectables, disputes have been settled amicably by way of compromise -..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(1), 13(2) -- Report submitted by Central Food Laboratory supersedes the report of the Public Analyst...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, Prevention of Corruption Act, 1988, Section 7, 13 -- Bail - Offence u/ss 420 IPC, Ss.7, 13 Prevention of Corruption Act, Ss.3, 5 & 9 of U.P. Public Examination (Prevention of Unfair Means) Act 1988 - Money received for supplying answer sheets to the candidates - Applicant arrested from a busy..........
Indian Penal Code, 1860, Section 376, 323, Limitation Act, 1963, Section 5, Article 114A -- Delay in preferring appeal - Condonation of delay - Appeal against acquittal - Delay of 150 days in filing appeal - Said delay properly explained - Held, rejection of prayer for condonation would deprive the victim, who approached State through its machinery for getting justice for..........
