Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(D), 13(2), Criminal Procedure Code, 1973, Section 482, 0 - - Offence u/ss 420, 120-B IPC and Ss.13(1)(D), 13(2) of P.C. Act - FIR was registered as back as in the year 2012 and since then investigation is going on - Petitioner retired from service in the meantime - No case for..........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 142 -- Divorce - Irretrievable breakdown of marriage - Only in case where one of parties does not agree and give consent, only then powers u/art 142 of Constitution are required to be invoked to do substantial justice between parties, considering facts and circumstances of case...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 323, 341, 382, 326, 64 -- Bail - Offence u/ss 323, 341, 382, 326, 64 IPC - No exceptional circumstances to decline bail to a juvenile as indicated u/s 12 of JJ Act - Moreover, co-accused is already granted bail - Case of juvenile is similar to co-accused - Bail..........
Criminal Procedure Code, 1973, Section 340 -- False evidence - To proceed u/s 340 Cr.P.C. : (a) Court must record a finding to the effect that the person concerned has intentionally given false evidence; (b) Court should also be satisfied that in the interests of justice, it is expedient that such person be prosecuted; (c) Court may hold a preliminary inquiry to reach at..........
Service -- Dismissal - Full fledged enquiry not held by Enquiry Officer - Order of removal of respondent was rightly set aside by High Court - However, in order to give an opportunity to delinquent and to meet ends of justice, matter is remanded back to authorities for de-novo inquiry from stage of conducting inquiry, if authorities so desire to continue enquiry...........
Criminal Procedure Code, 1973, Section 156, Constitution of India,1950, Article 21 -- Fair investigation - Is a sine qua non of Art. 21 of Constitution - Wherein investigation has to be unbiased, and without any prejudice for or against accused because if same is partial and unfair then whole criminal justice system will be at stake and same will erode confidence of common..........
Railways Act, 1989, Section 106 -- Re-weighment without notice - Principle of Natural Justice - Consignments were booked at railway`s risk and weighment was witnessed by railways staff - At destination on visual inspection by Field Officer shortage in material was suspected and railways were requested for re-weighment before delivery but same was declined - Appellant then..........
Criminal Procedure Code, 1973, Section 357 -- Victim Compensation Scheme - Victim as well as her father were declared hostile - They violated Cl.6(3) of Karnataka Victim Compensation Scheme and therefore not entitled to seek compensation - Though State Legal Services Authority passed the order without affording an opportunity of hearing to victim, however, principles of..........
Natural justice -- Principles of natural justice do not apply to a case where on admitted facts only one conclusion is possible...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Release of a juvenile is not desirable if it is belief of Court that such release may bring person in association with any known criminal or expose said person to moral, physical or psychological danger or that his release would defeat ends of justice...........
