Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Railway officials abusing and assaulting complainant on protesting illegal vending of reservation tickets - Their act not in discharge of their official duty while they are abusing, confining and assaulting a passenger who had gone to the counter to purchase a ticket or demanded the..........
Criminal Procedure Code, 1973, Section 207 -- Supply of copies of document - Accused allegedly committed offence u/s 3 of Official Secrets Act, when copies of certain official notings and documents relating to classified information regarding defense of nation recovered - Accused sought copies of these documents u/s 207 of the Code - Vide impugned order, state chose not to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy straw - Recovery of 20 kg. by police party on patrol duty during late night - No independent witness joined - There was no prior information with the Investigating Officer - Held, there was no deliberate act on the part of the Investigating Officer to have not joined independent witness before..........
Prevention of Corruption Act, 1988, Section 19 -- Illegal gratification - Sanction for prosecution - Granted by well reasoned and speaking order - Sanctioning authority adverted to all the necessary facts which are actually proved by the prosecution in the trial - Sanction order also stating that the other materials such as copy of FIR as well as other official documents..........
Punjab Excise Act, 1914, Section 61(1)(a) -- Recovery of illicit liquor from the rubber tubes which the accused was allegedly carrying in car - Neither liquor nor tubes containing liquor produced in Court - No convincing explanation furnished for the disappearance of the case property - No entry in the rojnamacha showing deposit of case property in Malkhana - Absolutely no..........
Consumer Protection Act, 1986, Section 21(b) -- Medical negligence - Complaint allowed to be withdrawn on 23.11.2006 - Petitioner - OP came across a judgment on Google.com and official web site of the State Commission pertaining to his case which is dated 25.4.2006 finding him guilty of medical negligence and liable to pay compensation of Rs. 25,000/ - - The case never..........
Consumer Protection Act, 1986, Section 17(1)(b), 24 -- B - Maharashtra Consumer Protection Rules, 2000, Rule 6(1) - Maharashtra Official Languages Act, 1964, Sections 3,4,5 - Constitution of India, Articles 345,350 - Suo motu revision - Language of District Forum - Official language - As per the provision of Rule 6(1) of the Maharashtra Consumer Protection Rules,2000 the..........
Consumer Protection Act, 1986, Section 21(b) -- Medical negligence - Complaint allowed to be withdrawn on 23.11.2006 - Petitioner-OP came across a judgment on Google.com and official web site of the State Commission pertaining to his case which is dated 25.04.2006 finding him guilty of medical negligence and liable to pay compensation of Rs.25,000/- - The case never fixed..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Allegations that accused demanded Rs.3, 000/- as illegal gratification from contractor for passing final bill - Accused taking plea that the complainant was also an accomplice in commission of alleged offence - Held, a witness forced to pay on promise of doing or forbearing to do any official act by a public servant, is..........
Insurance claim -- Repudiation - Driving licence - Invalid driving licence - Plea that driver was having a previous licence which was found to be fake - OP could not produce the concerned official who had reported that the licence of the driver not valid - Complainant employed the driver after seeing the driving licence which was valid upto 22.10.1999 and as per report of..........