Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Commercial quantity - Sentence - Reduction of - Held, provisions of S.20(b)(ii)(C) of NDPS Act do not make distinction between actual owner and mere transporter of contraband ganja on question of imposing sentence - Appellants have been found guilty of possessing and transporting 2 quintals and..........
Indian Penal Code, 1860, Section 96 -- Private defence - Right of - In order to find whether right of private defence is available or not, the injuries received by the accused, the imminence of threat to his safety, the injuries caused by the accused and the circumstances whether the accused had time to have recourse to public authorities are all relevant factors to be..........
Indian Penal Code, 1860, Section 376, 324, 452 -- Rape - Sentence - High Court reduced sentence from 5 years to period already undergone i.e. 5 months 25 days without indicting any reason - Undue sympathy to impose inadequate sentence would do more harm to the justice system to undermine the public confidence in the efficacy of law - Sentence awarded by trial Court..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Not required at the time of presentation of challan - It is required at the stage of taking cognizance...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Act done in discharge of official duty - Sanction for prosecution is mandatory - Act whether bona fide or mala fide is not consideration for obtaining sanction - Any Act done in discharge of official duty would not ipso facto invite criminal liability without sanction...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 21 -- Public servant - Person appointed as Government Counsel for conducting arbitration cases for and on behalf of Union of India is a public servant...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 500 -- Public servant - Sanction for prosecution - Petitioner appointed Govt. counsel for conducting arbitration cases for and on behalf of Union of India - Complainant an Engineer was representative of Govt. - Petitioner in a letter written to Chief Engineer expressed in good faith his opinion..........
Consumer Protection Act, 1986, Section 26 -- Vexatious complaint - Costs - Defamatory and abusive language used by the appellant against respondent No.1 a public servant and unnecessarily dragged in litigation - The appellant deserves to be burdened with costs - The complaint dismissed with costs of Rs. 10,000 - The costs shall be payable to respondent No.1...........
Land Acquisition Act, 1894, Section 4(1) -- Land acquisition - Public purpose - Land to be acquired not sufficient for the purposes for which it is acquired - Land acquired for (i) Establishment of a school; (ii) A play ground and (iii) A hospital - Held, if the area acquired was not sufficient to satisfy all the three requirements, then also, the acquired land could be..........
Indian Penal Code, 1860, Section 302, 376 -- Rape and murder of 5 years girl - Death sentence - When the collective conscience of the community is so shocked, that it will expect the holders of the judicial power centre to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining death penalty, the same can be awarded -..........
