Prevention of Corruption Act, 1988, Section 17 -- Power to investigate - Central Government employees - It is not only CBI who could have instituted the prosecution but also Anti Corruption Bureau of State has jurisdiction to register criminal case under the provisions of the Act...........
Prevention of Corruption Act, 1988, Section 17 -- Power to investigate - Offences under the Act are also cognizable and can therefore, be investigated by State Police or Vigilance and Anti-Corruption Bureau (VACB) - Only rider is that investigation can be done only by a police officer of rank specified in S.17 of the Act...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Dismissed in default - Condonation of delay - Eviction suit - Delay in question cannot be held to be fatal or prolonged - There was a slight delay, which has been satisfactorily explained by plaintiffs - Important questions of law and facts are involved in the suit and..........
Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of daughter by father - Contradictory statements given by prosecutrix and her mother - However, prosecutrix was 3 months pregnant at the time of registration of FIR - FSL report for the same establishes beyond doubt that DNA of foetus matched with that of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(i)(n), 342, 354(C), 505II, Protection of Children from Sexual Offences Act, 2012, Section 6, 12 -- Bail - Rape - Mere fact that alleged incident occurred during period of Covid-19 pandemic cannot by itself be ground to presume that offence could not have been committed or to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(i)(n), 342, 354(C), 505II, Protection of Children from Sexual Offences Act, 2012, Section 6, 12 -- Bail - Rape - Testimony of victim is not warranted at the stage of consideration of bail, a prima facie assessment of same is permissible, particularly, when testimony has already..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(i)(n), 342, 354(C), 505II, Protection of Children from Sexual Offences Act, 2012, Section 6, 12 -- Bail - Rape - Testimony of victim - Where a minor has herself come forward and consistently disclosed abuse, Court is duty bound to accord due weight to her version while..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(i)(n), 342, 354(C), 505II, Protection of Children from Sexual Offences Act, 2012, Section 6, 12 -- Bail - Rape - Prosecutrix was about 12 years of age at the time of incident - She alleged that accused had repeatedly committed aggravated penetrative sexual assault upon her, video..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Direction issued to all SHOs under DCP concerned to strictly ensure that name, parentage or address of a victim of sexual assault is not disclosed in any status report or document filed before Courts...........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 19 -- Complaint filed before Special Judge under Prevention of Corruption Act - Direction to police for investigation - Special Judge has no power to order an investigation u/s 156(3) Cr.P.C. - Impugned order set aside - Complainant relegated back to pre cognizance stage -..........
