Indian Penal Code, 1860, Section 452 -- House trespass - It is not the requirement of S.452 IPC that for a trespass to be an offence the house must be a private place and not an office - Law protects any house from trespass...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 2(g), 2(e), 4, 5, 7, Maharashtra Rent Control Act, 2000, Section 3(1)(b) -- Tenant of Private Limited Company protected under Rent Act - Company became Govt. company and Public Premises Act became applicable - Eviction of tenant - Remedy is to resort to procedure available under Rent Act and not by..........
Prevention of Corruption Act, 1988, Section 3(1) -- Offence under the Act - Held, an offence under PC Act can be committed by either a public servant or a private person or a combination of both - Existence of a public servant for facing trial before Special Court is not must and even in his absence private persons can be tried for PC as well as no, PC offences depending..........
Criminal Procedure Code, 1973, Section 193, 195, 209 -- Complaint u/ss 193 and 209 IPC - Private complaint is not maintainable - S.195(1)(b)(i) Cr.P.C. clearly shows that no Court shall take cognizance of offences u/ss 193 & 209 IPC except on a complaint in writing of that Court or such officer of the Court...........
Criminal Procedure Code, 1973, Section 96 -- Right of Private defence - Onus of proof on accused to exercise of right of private defence is not as heavy as on prosecution to prove the guilt of accused and it is sufficient for him to prove the defence on the touchstone of preponderance of probabilities...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(iia), Punjab Package Deals Properties (Disposal) Amendment Act, 2009, Section 5B - - Allotment of land - Cancellation of - Allotment of land made out of Shamalat Deh land - Allotment was made to allottee on 27.12.1984 i.e. prior to cut off date i.e. 09.07.1985 - Nature of land has been determined on the basis..........
Criminal Procedure Code, 1973, Section 156(3) -- Public servant - Allegation in relation to acts/offences committed in the discharge of official duty - In the absence of prior sanction, Magistrate is not empowered to forward a private complaint to police for investigation...........
Indian Penal Code, 1860, Section 376(2) -- Rape - Conviction - Validity - Prosecutrix five years old - Prosecutrix stated that accused called her in his room on pretext of watching television, started hurling filthy words, penetrated his penis into her vagina and thereby committed rape on her - Medical evidence did not fully support case of prosecution as vagina found..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Offence u/ss 420 & 120B IPC, Ss.13(2) & 13(1)(d) of Prevention of Corruption Act - Coal allotted by B.C.C.L under linkage quota for conversion from coal to hard coke but part of allotted coal sold in black market - CBI found the shortage of coal purchased under FSA and have also found the fact relating to..........
Karnataka High Court Act, 1962, Section 4 -- Writ appeals - Maintainability - Quashing of private complaints are quintessence of challenge before Single Judge - Writ petitions could be considered u/Art.226 of Constitution - Held, thus, writ appeals are maintainable against impugned orders of Single Judge passed in said writ petitions...........
