Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Public servant retired from service prior to the filing of charge sheet - No sanction of the govt. for prosecuting the public servant is required - Accused facing prosecution cannot claim immunity on the ground of want of sanction, if he ceased to be a public servant, on the date when..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - No evidence that while granting sanction for prosecution, complete record was examined vis-a-vis each of offences relating to different provisions of law - In sanction order, word used is `any other offence punishable under provisions of law' - Offences not detailed - Held, not a..........
Contract Act, 1872, Section 23,10, Constitution of India, 1950, Article 14 -- Government contracts - Grant of - Held, contracts given by Government authorities or statutory bodies or instrumentalities of State, Art.14 of Constitution applies - There should be transparency by holding an open public auction/tender because such contracts often involve huge amounts of public..........
Prevention of Cruelty to Animals Act, 1960, Section 11 -- Cruelty to animals - Fine prescribed under the Act has outlived its purpose to cause effective deterence - Penalty to be imposed requires enhancement - Writ petition disposed of with certain directions. I) The State Animal Advisory Board constituted under the directions of the Hon'ble Supreme Court, Animal Welfare..........
Civil Procedure Code, 1908, Order 1, Rule 8(2) -- Suit in a representative capacity - Consequence of a defective notice, the non issuance of the notice vitiates the entire proceedings conducted in the case after grant of permission to sue in a representative capacity without ordering issuance of a public notice of the suit...........
Pollution -- Dying and bleaching units discharging effluents of their factories - A large number of farmers suffered as a result of pollution as they could not cultivate crop - Association of the said units directed to pay 56.6 cores for cleaning the river and water bodies by Public Works Department - Right to information and community participation for protection of..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i), 7 -- Revision petition - Assailing conviction u/s.7 of the Act for adulteration of milk - Minimum sentence prescribed by Act has been awarded - As per the sworn statements of Medical Officer and Food inspector and in absence of public witness, conviction of accused is found to be proper - Merely because 22..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Corruption case - Public servant - Grant of sanction - Procedure to be followed - Held, what is material at the time of granting sanction to prosecute is that necessary facts collected during investigation constituting the offence has to be placed before sanctioning authority and..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Insult or intimidation in the name of caste - Term `public' occurring in S.3(1)(x) of the Act - Meaning - It shall mean persons other than the accused and the persons insulted or intimidated...........
Prevention of Corruption Act, 1988, Section 19, 12, 7, 11 -- Public servant - Sanction for prosecution - Prosecution for an offence punishable u/s 12 of the Act - S.19 of the Act specifically omits S.12 from its purview - Held, sanction for prosecution for an offence punishable u/s 12 of the Act is not required...........
