Prevention of Food Adulteration Rules, 1955, Rule 7(3), Prevention of Food Adulteration Act, 1954, Section 13(2) -- Sample - Analysed by Public Analyst - Did not send copy of report within period of 40 days to local health authority in the prescribed form - It cannot be said that valuable right of accused u/s 13(2) of the Act has been deprived with...........
Service -- Misconduct - Not capable of precise definition - However, on reflection word 'misconduct' receives its connotation from the context, the delinquency in performance of its effect on the discipline and the nature of the duty - Act complained must bear a forbidden quality or character and its ambit has to be construed with reference to the subject matter and the..........
Constitution of India, 1950, Article 14, 226 -- Government contracts - Judicial Review - The powers of the High Court under Article 226 of the Constitution are wide and must be exercised to keep the public authorities within due bounds and for upholding the rule of law - The award of contract by State agency is essentially a commercial transaction and the mode of entering..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(d) -- Public servant - Sanction for prosecution - Cognizance taken when there was no sanction for prosecution - Sanction issued retrospectively - This is a fundamental error which invalidates the cognizance as without jurisdiction...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(d) -- Public servant - Sanction for prosecution - Prosecution of Public Servant in corruption case - Accused serving in Govt. undertaking - Under service rules, power of appointment and dismissal vested in Board of Directors - Sanction for prosecution issued by Chairman of..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(d) -- Public servant - Sanction for prosecution - Cognizance taken without sanction for prosecution - Order of taking cognizance set aside - In view of gravity of offence, authority permitted to issue a fresh sanction order and proceed afresh from the stage of taking..........
Prevention of Food Adulteration Act, 1954, Section 13(2) -- Public analyst report - Non sending of - Notice sent - No proof as to sending of report of Public Analyst to accused - Violation of mandatory provision of S.13(2) - Accused acquitted...........
Criminal Procedure Code, 1973, Section 197, 200, 204, Prevention of Corruption Act, 1988, Section 15, Indian Penal Code, 1860, Section 120B, 409, 511, 34 -- Public servant - Complaint u/ss 120-B, 409, 511/34 IPC and S.15 Prevention of Corruption Act - Magistrate taking cognizance - Appropriate sanction not obtained before taking cognizance - Order taking cognizance,..........
Civil Procedure Code, 1908, Section 20, Contract Act, 1872, Section 28 -- Agreement restricting jurisdiction to one Court where two or more Courts have jurisdiction to entertain the suit - Such an agreement is not hit by S.28 of the Contract Act, nor such a contract can be said to be against public policy - It is legal, valid and enforceable...........
Civil Procedure Code, 1908, Section 20, Contract Act, 1872, Section 28 -- Agreement restricting jurisdiction to one Court where two or more Courts have jurisdiction to entertain the suit - Such an agreement is not hit by S.28 of the Contract Act, nor such a contract can be said to be against public policy - It is legal, valid and enforceable...........
