Criminal Procedure Code, 1973, Section 197, Karnataka Police Act, 1963, Section 170 -- Sanction for prosecution - Protection is available only when alleged act done by public servant is reasonably connected with discharge of his official duty and official duty is not merely a cloak for objectionable act...........
Criminal Procedure Code, 1973, Section 197 -- Police Officer - Sanction for prosecution - To decide whether sanction is necessary, test is whether act is totally unconnected with official duty or whether there is a reasonable connection with official duty - In case of an act of a policeman or any other public servant unconnected with the official duty there can be no..........
Public Interest Litigation -- Covid-19 - Waiver of rent - General prayer for waiver of rent, cannot be granted by Court while exercising powers u/art.226 of Constitution...........
Rent and eviction -- Waiver of rent - Pandemic situation due to Covid-19 - There cannot be lumpsum/general submission and that too in a public interest litigation that rent should be waived and there can be no eviction on ground of non-payment of rent for tenants who are poor...........
Constitution of India, 1950, Article 32 -- Writ of Mandamus - Prohibition of sale and use of Coca Cola and Thumbs up soft Beverages - Petitioner claims to be a social worker - Petition is filed without petitioner having any technical knowledge on subject - No justification or explanation forthcoming as to why two specific brands in particular are chosen to be target of..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r) -- Anticipatory bail - Offence u/s 3(1)(r) of SC/ST Act - Very words used and by what means same have demeaned community or officer in eyes of public at large, not elicited in allegations - Applicability of S.3 of SC/ST Act is a debatable..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3(1)(u) -- Anticipatory bail - Offence u/s 3(1)(u) of SC/ST Act - Statement made by accused conveys an idea or messages that students who belongs to SC or ST are educationally very backward and that they are fourth grade students who are..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Indian Penal Code, 1860, Section 506, 34 -- Caste based remarks over mobile phone - Alleged conversation over mobile phone not in public gaze nor witnessed by any third party - Held, alleged use of caste words cannot be said to have been committed within the public view -..........
Service -- Selection process - Judicial review - Scope of judicial review u/art 226 of Constitution in matters concerning evaluation of candidates, particularly for purpose of recruitment to public services is narrow - In absence of any provision for re-evaluation of answer sheets judicial review should be rarely exercised preferably under exceptional circumstances...........
Prevention of Corruption Act, 1988, Section 2(c)(xi) -- Public servant - Trustee of Deemed University is `public servant' u/s 2(c) of the Act...........
