Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - cognizable offence disclosed - When cognizable offence is disclosed it is duty of concerned Court to order for registration and investigation of the offence...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Information disclosing a cognizable offence - Officer-in-charge of a police station is under an obligation to register a case and then to proceed with the investigation - Refusal to register is violation of a statutory duty...........
Civil Procedure Code, 1908, Section 151, Constitution of India, 1950, Article 226 -- Reconstruction of lost record - Reconstruction of records can be made under the inherent powers of the Court - It is duty of Court to ensure the reconstruction of a lost record - In the instant case order sheet available in which gist of judgment and operative portion thereof are intact -..........
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 7 -- Suspension of conviction and sentence - Conviction u/s 13(1)(d) r/w S.13(2) and S.7 of Prevention of Corruption Act - Where there is an order of conviction, though the power to suspend such order of the conviction is not alien to Section 389 of the Code, its..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Discharge of official duty - Committal of offence - Held, S.197 can be invoked, it must be shown that official concerned was accused of an offence alleged to have been committed by him while acting or purporting to act in discharge of his official duties - It is not duty which requires examination so..........
Criminal Procedure Code, 1973, Section 166 -- Search - Irregularity therein - Effect thereof - Held, failure to comply with provisions regulating search may cast doubt upon bona fides of officers conducting search - However, when once evidence has been believed, it is obviously no defence to say that evidence was obtained in an irregular manner - There is no provision in..........
Indian Penal Code, 1860, Section 420 -- Civil decree on the basis of family settlement - Complaint by third party that parties to the decree are not related and thereby caused wrongful loss to the State by not paying Stamp duty - Held, when Court passes the decree on the basis of admission by holding the suit as genuine then it is not known as to how the accused cheated..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Scope of S.197 - Held, cognizance of any offence, by any court, is barred by S.197 of the Code unless sanction is obtained from appropriate authority, if offence, alleged to have been committed, was in discharge of official duty - Section not only specifies persons to whom protection is afforded but..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Official duty - Meaning of - Held, use of expression, `official duty' implies that act or omission must have been done by public servant in course of his service and that it should have been in discharge of his duty - Section does not extend its protective cover to every act or omission done by a..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 467, 468, 471, 420, 34, 409, 34 -- Public servant - Sanction for prosecution - Offence u/ss 467, 468, 471, 420/34, 409/34 IPC-Offence of forgery, cheating and criminal misappropriation is not a public duty-Sanction for prosecution is not required...........
