Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 500 -- Public servant - Sanction for prosecution - Petitioner appointed Govt. counsel for conducting arbitration cases for and on behalf of Union of India - Complainant an Engineer was representative of Govt. - Petitioner in a letter written to Chief Engineer expressed in good faith his opinion..........
Evidence Act, 1872, Section 123, General Clauses Act, 1897, Section 3(58) -- `State' - Not defined in Evidence Act - As per S.3(58) General Clauses Act, `State' means a State specified in the First Schedule to the Constitution of India and shall include a Union Territory...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Conditions to be satisfied - Held, before invoking S.197 of Cr.P.C. two conditions must be satisfied - (i) The public servant is removable from the Office either by the Union of India or by the State Government and not by any lesser authority; and (ii) He is accused of offence alleged to have been..........
Constitution of India, 1950, Article 226, 143 -- PIL - Seeking direction to Union of India to approach President to refer `questions of law and fact' referring Indo-US nuclear deal - There is no legislation with regard to the deal, so it is purely a policy decision of the government of India - PIL dismissed...........
VSNL (Conduct, Discipline and Appeal) Rules, 1992 -- Disciplinary proceedings - Defence assistance - Assistance of an Advocate - Enquiry Officer himself a practicing advocate and a standing counsel for the Union of India - The Presenting Officer appearing on behalf of the respondent/management is not only a law graduate but worked as a legal manager - It cannot be denied..........
Constitution of India, 1950, Article 246 -- Schedule 7 - Enactment of laws - Distribution of legislative powers - Overlapping entries in the 3 lists (i.e. Union list, State list & Concurrent list) - Entry in List I will prevail...........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage-A ground for divorce - Supreme Court recommends to Union of India to seriously consider bringing an amendment in the Hindu Marriage Act for grant of divorce on this count...........
Land Acquisition Act, 1894, Section 4, 6, 18, 23, 25, 54 -- Land acquisition - Notifications dated 24.10.1961 and 23.1.1965 - Awards passed dividing acquired lands in three categories - Reference u/s 18 filed by owners - Reference Court awarded compensation of Rs.18,000/- per bigha and Rs.12,000/- per bigha respectively for the lands covered in two awards - Appeal by Union..........
Constitution of India, 1950, Article 355 -- Emergency - Union to protect States against external aggression - `Aggression' - Scope - Includes war but does not mean war only - Influx of large number of persons across borders into India - Is aggression - Word `aggression' not to be confused only with `war'- Though war would be included within the ambit and scope of the word..........
Indecent Representation of Women (Protection) Act, 1986 -- Cable Television Networks (Regulation) Act, 1995 - Depiction of women in an undignified manner by media and television channels - Using scantily clad female models for products like car batteries, tobacco, electric inverters, shaving appliances and other advertisements should be stopped forthwith - Censor Board..........
