Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 325, 452, 427, 354, 201, 341, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), (xi), (s) -- Bail - Offence u/ss 323, 325, 452, 427, 354, 201, 341, 34 IPC and S.3(1)(x), (xi), (s) of SC/ST Act - No allegations regarding uttering derogatory..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 8, 13(2), 13(1)(d) -- Bail - Cheating - Appellant being member of Parliament and a Senior Member of Bar has strong roots in society and his passport having been surrendered and "look out notice" issued against him - There is no likelihood of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of SC/ST Act - Complainant stated that petitioner while referring to Dalits employed the expression `Avan', which constitute intentional insult to SCs - However, word `Avan' is not an insulting connotation as per writings of one of Scholar - Ingredients of..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A(1) -- Non compliance of provision of S.20-A(1) of the Act - It vitiates the entire proceedings...........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A(1) -- Sanction for prosecution - No information of commission of an offence under TADA Act would be recorded by police u/s 154 Cr.P.C without sanction of competent authority - However, this bar does not apply to a rukka or a communication sent by police official to District Superintendent of Police..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A(1) -- Sanction for prosecution - Offence under TADA Act and also other provisions of law - Where information basically discloses an offence under TADA Act and other offence is more in nature of an ancillary offence, then information cannot be recorded without complying with provision of S.20-A(1) of..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A(1), 3, 5, Arms Act, 1959, Section 25(1B)(a), 27 -- Sanction for prosecution - Offence u/ss 3, 5 of TADA Act and Ss.25(1B)(a), 27 of Arms Act - Recovery of arms - Basic material for constituting an offence under both Arms Act and TADA Act is identical i.e recovery of prohibited arms in a notified area..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A(1) -- Cognizance of offence - Provision of S.20-A(1) of the Act is mandatory in nature - Non-compliance of said provision vitiates entire proceedings...........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A(1) -- Cognizance of offence - Bar u/s 20-A(1) of the Act, applies to information recorded u/s 154 Cr.P.C - This bar will not apply to a rukka or a communication sent by police official to District Superintendent of police seeking his sanction...........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A(1) -- Cognizance of offence - Where information basically discloses an offence under TADA Act and other offence is more in nature of an ancillary offence then information cannot be recorded without complying with provision of S.20-A(1) of the Act...........
