Criminal Procedure Code, 1973, Section 197, Karnataka Police Act, 1963, Section 170 -- Sanction for prosecution - Protection is available only when alleged act done by public servant is reasonably connected with discharge of his official duty and official duty is not merely a cloak for objectionable act...........
Criminal Procedure Code, 1973, Section 197 -- Police Officer - Sanction for prosecution - An offence committed entirely outside the scope of duty of police officer, certainly does not require sanction - In case, an act is connected to the discharge of official duty of investigation of a recorded criminal case, act is certainly under colour of duty, no matter how illegal..........
Criminal Procedure Code, 1973, Section 197 -- Police Officer - Sanction for prosecution - To decide whether sanction is necessary, test is whether act is totally unconnected with official duty or whether there is a reasonable connection with official duty - In case of an act of a policeman or any other public servant unconnected with the official duty there can be no..........
Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968, Rule 11A -- Deficient stamp Duty - Delegation of powers by appellate authority - If appellate authority calls for any information or calls for any record or any inputs, that by itself will not amount to delegation of essential functions, as any report that was called for was essentially in the..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Enquiry u/s 319 Cr.P.C is almost equal to enquiry to be made by Court while considering framing of charges against accused or discharge of accused to find out whether there is a prima facie case to presume that accused has committed said offence and whether there are sufficient grounds to..........
Evidence Act, 1872, Section 116 -- Denial of title of landlord by tenant - Ownership of landlord on basis of Will - Clear covenant in lease deed signed by predecessor-in-interest of tenant that landlord is absolute owner of tenanted premises - This one fact alone is more than sufficient to prevent tenant from now challenging the Will - Landlord not expected to discharge a..........
Contempt of Courts Act, 1971, Section 12 -- Criminal contempt - Objection as to issuance of notice of contempt - Notice was strictly in accordance with Form I, which only requires that notice should briefly state nature of contempt - There is no requirement of giving all the documents with Form - Action against alleged contemnors is being restricted to allegations made in..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Jurisdiction of Supreme Court with regard to S.227 Cr.P.C is limited and should not be exercised by conducting roving enquiries on the aspect of factual inferences...........
Prevention of Corruption Act, 1988, Section 17A, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Public servant - Offence committed by a public servant under P.C. Act in discharge of official functions or duties - Before initiating any enquiry against public servants under the provisions of P.C. Act, prior approval of the Govt. is sine qua non..........
Prevention of Corruption Act, 1988, Section 17A -- Investigation - Prior approval of Government - Allegation that revenue officers hatched a conspiracy to facilitate fraudulent sale in discharge of their official duties - Before initiating any inquiry against public servants under the Act, prior approval of Government was a sine qua non and FIR could not have registered..........
