Criminal Procedure Code, 1973, Section 133, 137 -- Public nuisance - Proof - Revisionist is obstructing natural flow of water by making a ridge over Plot - Inquiry report of Tahasildar also reveals that there is a siphon in canal for free flow of excess water - Petitioner has blocked flow of water by putting a ridge on plot - Previously, petitioner blocked water flow by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Search - Made in public place and not in a building - It is S.43 of the Act which is applicable and not S.42(2) of the Act...........
Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981, Section 3 -- Preventive detention - Law and order and Public order - Distinction - Analysed...........
Punjab Excise Act, 1914, Section 61(1), Probation of Offenders Act, 1958, Section 4 -- Grant of probation- Recovery of 2000 litres of rectified spirit from accused - Trial Court convicted accused and sentenced him to imprisonment for one year - High Court released him on probation as he had faced protracted trial for 19 years - Appeal in Supreme Court - Court while..........
Motor Vehicles Act, 1988, Section 3, 10 2(47), 41(4) -- Rule 51 - Licence to drive three wheeler - Driving of Autorikshaw Delivery Van - Autorikshaw Delivery Van is a goods carrying public carrier - Held, driver is not holding a valid licence - Driver causing accident - Insurance company is not liable - However Insurance Co. directed to satisfy the award and to recover the..........
Service -- A.C.R. - Every entry should be communicated to the employee - This principle applies to employees of statutory authorities, public sector corporation and other instrumentalities of the State (in addition to Government servants) but does not apply to military officers because the position for them is different...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 100 -- Contraband - Recovery - Non joining of independent witness - At the time of apprehension of accused no public witness came to the spot - Evidence of official witnesses cannot be distrusted and disbelieved, merely on account of their..........
Criminal Procedure Code, 1973, Section 457 -- Rice - Release on superdari - Seizure of 150 bags of rice - Petitioner claiming to be owner of bags - Case of respondent that rice belongs to Antyodya scheme and was meant for public distribution - Held, in these circumstances it is necessary to decide to whom the rice belongs and further whether any confiscation order has been..........
Criminal Procedure Code, 1973, Section 197 -- Sanction - After retirement - Protection u/s 197 Cr.P.C. is also available to a public servant even after his retirement...........
Indian Penal Code, 1860, Section 193, 211, Criminal Procedure Code, 1973, Section 195(1), 344 -- FIR lodged against applicant for offence u/s 182 IPC by Sessions Court for lodging a false report against the applicant - Held, that in view of bar created by S.195 Cr.P.C. cognizance for an offence punishable under S.182 can be taken on complaint in writing of public servant -..........
