Criminal Procedure Code, 1973, Section 482 -- Anonymous letter received in the name of High Court Judge - Cannot be treated as Public Interest Litigation...........
Consumer Protection Act, 1986, Section 2(1)(c) -- Complaint - Public Interest Litigation - Held that a consumer organization cannot file Public Interest Litigation against raising of water charges...........
Water supply -- Drinking water - Contaminated water - Complainants' mother suffered severe stomach problems/disease - The respondent as a Public Authority are meant to supply potable drinking water - The respondent directed to pay a compensation of Rs. 10,000/ - to the petitioner along with cost of Rs. 5,000/ - Further directions issued to ensure that the water supplied by..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Illegal gratification - Public servant - Sanction for prosecution - Minister receiving illegal gratification by making appointments to various posts - It is not part of public duty of a public servant - Sanction for prosecution is not required...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Municipality - Garbage removal - Deficiency in service - Complaint maintainability - Non removal of garbage is a serious health hazard - The 2nd OP is the contractor engaged by the Ist OP - When the contractor is paid by the Ist OP from out of the taxes realized from the public, the complainant can go before the Consumer..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Proximity with official duties - Offences are alleged to have been committed u/ss 420, 467, 120-B IPC and S.13(1)(d) r/w S.13(2) of Prevention of Corruption Act - Held, offence of cheating u/s 420 or for that matter offences relatable to Ss.467, 468, 471 and 120-B and S.13(2) of P.C. Act can by no..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Protection when available - Held, protection is available only when alleged act done by public servant is reasonably connected with discharge of his official duty and is not merely a cloak for doing objectionable act - If in doing public duty, he acted in excess of his duty, but there is a reasonable..........
Hindu Law -- Custom - Custom is an established practice at variance with the general law - A custom varying the general law may be a general, local, tribal or family custom - A general custom includes a custom common to any considerable class of persons - A custom which is applicable to a locality, tribe, sect or a family is called a special custom - Custom has the effect..........
Tort -- Compensation - Negligence of State - Boy of 15 years of age killed by leopard on a public passage - Leopard had come from adjoining forest area which was restricted forest fully under control of State - State has failed to perform its duty of protecting the human life - Sum of Rs.1 lakh granted by appellate Court, held, not excessive...........
Indian Penal Code, 1860, Section 302, 34 -- Conviction - Circumstantial evidence - Accused had illicit relations with deceased - Brother and wife of deceased made a bald and sweeping statement about illicit relations - Parents of deceased and some other villagers in support of same not examined - Dead body of deceased was found in an open space in front of house of accused..........
