Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), 19, Criminal Procedure Code, 1973, Section 197 -- Illegal gratification - Sanction for prosecution - Refused twice - Accused retired - Charge sheet filed after retirement of accused as sanction of authority was not required after retirement of accused - Held, initiation of proceedings not justified - Proceedings..........
Civil Procedure Code, 1908, Section 89 -- Scope - After completion of pleadings, to consider recourse to ADR process is mandatory - Actual reference to ADR process in all cases is not mandatory - In cases falling under an excluded category there need not be reference to ADR process viz. (i) Representative suits under Order 1 Rule 8 CPC; (ii) Disputes relating to election..........
Indian Penal Code, 1860, Section 306, 376, Criminal Procedure Code, 1973, Section 372, 377, Constitution of India, 1950, Article 136 -- Offence u/ss 306, 376 IPC - High Court acquitted accused u/s 306 IPC - Conviction u/s 376 IPC maintained but sentence reduced to that already undergone - Appeal by National Commission for Women and not by State or the heirs of deceased -..........
Criminal Procedure Code, 1973, Section 377 -- Appeal by a private individual can be entertained, but should be done sparingly and after due vigilance and particularly in a case where the remedy has been shut out for the victim due to mala fides on the part of the State functionaries or due to inability of the victim to approach the court - Since neither the State nor the..........
Criminal Procedure Code, 1973, Section 157 -- Delay in dispatch of FIR to Illaqa Magistrate - Does not by itself render the case doubtful - Important factor to be considered is whether there is an explanation for the delay and if so, how plausible it is...........
Criminal Procedure Code, 1973, Section 161 -- Delay in recording statements of some of the eye witnesses - This aspect has to be seen in the background of the facts and circumstances of the case - Whether or not delay has affected the credibility of the prosecution is a matter on which no strait jacket formula can be evolved nor any thumb rule prescribed for universal..........
Criminal Procedure Code, 1973, Section 95(1) -- Forfeiture of a publication - Declaration of forfeiture postulates compliance with twin essential conditions, viz. (i) the Government must form the opinion to the effect that such newspaper, book or document contains any matter, the publication of which is punishable u/ss 124-A or Section 153-A or Section 153-B or Section 292..........
Criminal Procedure Code, 1973, Section 96 -- Forfeiture of a publication - Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture is made u/s 95 of the Code can move the High Court for setting aside the declaration on the ground that it does not contain any such matter as is referred to in sub-section (1) of..........
Criminal Procedure Code, 1973, Section 95(1) -- Forfeiture of a publication - Provision of S.95(1) Cr.P.C. being drastic in nature has to be construed strictly - Exercise of power under the provision has to be exercised in accordance with procedure laid down therein...........
Criminal Procedure Code, 1973, Section 95(1) -- Forfeiture of a publication - It is not the requirement of law that all requirements of the punishing sections including mens rea should be fully established - The requirement of the provision is that the ingredients of the offence should appear to the Govt. to be present...........
