Prevention of Corruption Act, 1988, Section 17A -- Investigation - Prior approval of government - When act of a public servant is ex-facie criminal or constitutes an offence, prior approval of Government would not be necessary - It extends the scope of corruption to encompass to cases where offence is relatable to any recommendation made or decision taken...........
Prevention of Corruption Act, 1988, Section 17A -- Investigation - Prior approval of government - S.17-A of the Act has following main three facets : accused is (a) a public servant; (b) alleged offence is relatable to any recommendation made or decision taken by such public servant; and (c) while acting or purporting or in connection to act in discharge of his official..........
Prevention of Corruption Act, 1988, Section 7, 17A -- Offence u/s 7 of the Act - Order framing charges - Prior approval u/s 17 of the Act is not taken - However, acquisition of approval u/s 17-A of the Act does not necessarily invalidate entire order but may allow for corrective measures - Moreover, sanction can be sought at the stage of charge u/s 19 of PC Act, thus..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 511, 343, 419, 506, 120B, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(2)(va) -- Anticipatory bail - Offence u/ss 307, 511, 343, 419, 506, 120B, 34 IPC and Ss.3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act - There is only one alleged..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Accused `M' is Class IV employee in Court of CJM - Amount was recovered underneath an almirah in the office of CJM - Not an iota of evidence has been brought on record to presume that accused `M' was knowing the fact of alleged demand of bribe even if it is..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Compromise arrived inter se between parties can be accepted and offence u/s 138 of the Act can be ordered to be compounded even after conviction...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Parties have settled their dispute amicably - Entire disputed amount has been paid by petitioner to complainant - Complainant has no objection if offence is compounded - Offence compounded - Conviction and sentence set aside -..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - No overt act is required to be imputed to a particular person when charge is u/s 149 IPC - Presence of accused as part of unlawful assembly is sufficient for conviction...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100 -- Condonation of delay - Delay in filing second appeal - First Appellate Court decreed suit after reversing decree of trial Court - Filing of review petition before First Appellate Court was with a delay of two years and four months and second Appeal before High Court was delayed by about a year from..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Deceased died within 2 months of her marriage due to burn injury - However, none of witnesses i.e PWs 1 to 7 has ever stated in their respective testimony that deceased was subjected to cruelty by appellants - Rather PW1 to PW4 stated that deceased was having good..........
