Criminal Procedure Code, 1973, Section 107, 117 -- Forfeiture of bond amount - Appellant is a daily wager earner and would not have proper means to arrange bond amount - Forfeiture of an amount of Rs.5 lakhs on ground of obstructing a public servant while on duty that too u/s 107 Cr.P.C is exceptionally high - Amount to be deposited by appellant is thus, reduced to nominal..........
Indian Penal Code, 1860, Section 143, 147, 148, Prevention Of Damage to Public Property Act, 1984, Section 3(2)(e) -- Protest against police atrocity - Conspiracy and rioting - Conviction - TIPs belong to the stage of investigation by the police - It is a rule of prudence which is required to be followed in cases where the accused is not known to the witness or the..........
Stamp Act, 1899, Section 47A -- Stamp duty - Public auction - Provision of S.47-A of the Act has no application to a public auction carried out through Court process/receiver as that is most transparent manner of obtaining correct market value of property...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time - S.36-A(4) proviso of the Act categorically states that Public Prosecutor, while making an application for extension of time, shall indicate two aspects on applying his mind, viz.: (a) progress of investigation and (b) specific reason for detention of accused beyond the said period..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time - Mere request of I.O. by Public Prosecutor without demonstration of his mind and record of his own satisfaction would not render his report as the one envisaged u/s 36-A(4) of the Act...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 323, 504, 506, 143, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Murder - Clash between two groups and there is murder of each person in each group - There is not only damage to public property but also damage..........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 11 -- Rejection of plaint - Non-compliance of provision of S.80 CPC - No relief is claimed against public officers - Rather, public officers are arrayed as proforma defendants - Notice u/s 80 CPC is thus, not required - Application for rejection of plaint rightly rejected...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Competent authority has to record reasons by applying independent mind while granting sanction to prosecute a public servant...........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1 -- Summoning of public servant as a witness - Dispute over immovable property - Courts not to ordinarily summon public servants to support the cause of one party unless Court itself is of the opinion that evidence of such public servant is required to adjudicate on the seriously disputed questions arising in the..........
Prevention of Food Adulteration Act, 1954, Section 2(ia)(m) -- Proviso - Adulteration - Sample of Paneer - There is no indication in Public Analyst report as to whether moisture content was more due to natural causes - Even, milk fat content of dry matter may depend upon quality of milk and this question was also not gone into - Petty shop owner has been prosecuted by..........
