Prevention of Corruption Act, 1988, Section 13(1), 13(2), Indian Penal Code, 1860, Section 420, 201, 120B -- Corruption case against former Chief Minister - Quashing of FIR -Imputations leveled in FIR to proceed against petitioner, a former Chief Minister of State, in the facts and circumstances presented in the case, not only do not make out any offence to proceed against..........
Criminal Procedure Code, 1973, Section 372 - - Right of appeal - If victim prefers an appeal before High Court challenging acquittal invoking his right under proviso to S.372 Cr.P.C., whether that appellant is required to first seek leave of Court as required in case of appeal being preferred by State? - Held, if victim also happens to be complainant and appeal is against..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) - - (As applicable to Haryana) - Shamlat deh - Plaintiff purchased land in open auction by Government on 23.05.1985 but was dispossessed by virtue of judgment rendered in Malwinder Singh's case on 09.07.1985 - Amendment introduced by State of Haryana by Amendment Act 8 of 1995 has saved transfers made prior..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of contraband - Chemical examination - Failure to sent sample within 72 hours - Effect - Instruction No.1-88 dated 15.03.1988 issued by Narcotics Drugs Control Bureau that sample must be deposited to laboratory within 72 hours of its seizure - Held, no sanctity of law can be attached to such..........
Land Acquisition Act, 1894, Section 18 -- Determination of compensation - Escalation in price - State of Punjab had acquired 29.68 acres by notification dated 24.01.1983 for Municipal Park - Base value determined at Rs.141/- per sq. yards - In present case, property was acquired on 19.07.1984 - Land owners relied on earlier acquisition of property - Held, by providing 12%..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - In the instant case, 15 accused persons attacked deceased - Witnesses to the occurrence cannot be expected to explain the role with regard to inflicting of injuries by each one of them individually and the weapons used them - Such conduct will be opposed to normal..........
Indian Penal Code, 1860, Section 304A -- Negligence - Meaning of - (I) It means omission to do something which reasonable and prudent person guided by similar considerations would not do; (II) It is not absolute term but is relative one and rather a comparative term; (III) It is difficult to state with precision any mathematically exact formula by which negligence or lack..........
Legal Services Authorities Act, 1987, Section 12, 13, Constitution of India, 1950, Article 39A -- Murder trial - Free Legal Aid - Not provided - Conviction - Legality of - Held, Court is under obligation to enquire accused or convict whether he or she requires legal representation at State expenses - Since no endeavour made by High Court, conviction liable to be set aside..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Necessity - Accused was holding post of Chief Engineer under Kerala Water Authority and appointed by Water Authority and not by State Govt. - Petitioner had no case that State Government is either appointing or removing authority - Held, S.197 of Code is..........
Indian Penal Code, 1860, Section 304A, 304(Part II) -- Nature of offence - Rash and negligent driving - Intoxication - Accused was in an inebriated state, after consuming excessive alcohol, he was driving the vehicle without licence, in a rash and negligent manner in a high speed which resulted in the death of six persons - Accused had sufficient knowledge that his action..........
