Civil Procedure Code, 1908, Order 6, Rule 16 -- The Representation of People Act, 1951, Section 83 - Striking off pleadings - Applicability to Election Petition - The Court may order striking off pleadings in following circumstances - (i) Where such pleadings is unnecessary, scandalous, frivolous or vexatious, (ii) Where such pleadings tends to prejudice, embarrass or..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- The Representation of People Act, 1951, Sections 83 & 123(7) - Contents of Election Petition - Striking off pleadings - Petition filed challenging the election of returned candidate - Various allegation leveled against Electoral Registration Officer, corrupt practices adopted by returned candidate, deletion of names of..........
Representation of the Peoples Act, 1951, Section 83, Civil Procedure Code, 1908, Order 7, Rule 11 -- Contents of election petition - Material facts not stated in petition - Petition liable to dismissed - Distinction between material facts (facta probanda) and material particulars (facta probantia) - `Material facts' are primary or basic facts which must be pleaded by the..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Provision of Section 19 Prevention of Corruption Act and Section 197 Cr.P.C. operate in conceptually different fields - Case covered under Prevention of Corruption Act, in respect of public servants, the sanction is of automatic nature..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - There is no universal rule to determine reasonable connection between act done and official duty - Concept of Section 197 is not immediately attracted on institution of the complaint case - Scope of operation of the provision is restricted to only those acts or omissions which are done by a public..........
Indian Penal Code, 1860, Section 468, 471, 120B, Criminal Procedure Code, 1973, Section 197 -- Public servant - Offence u/ss 468, 471 and 120-B IPC - May be relatable to the official duty thereby mandating sanction in terms of Section 197 Cr.P.C...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - There is no universal rule to determine reasonable connection between act done and official duty - Concept of Section 197 is not immediately attracted on institution of the complaint case - Scope of operation of the provision is restricted to only those acts or omissions which are done by a public..........
Indian Penal Code, 1860, Section 468, 471, 120B, Criminal Procedure Code, 1973, Section 197 -- Public servant - Offence u/ss 468, 471 and 120-B IPC - May be relatable to the official duty thereby mandating sanction in terms of Section 197 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance - Claimed by divorce wife - Wife living in adultery after divorce - Held, wife is entitled to maintenance - Section 125 (4) Cr.P.C. does not apply to the case of a woman who has been divorced or who has obtained a decree of divorce...........
Criminal Procedure Code, 1973, Section 172, 157 -- CBI (Crime) Manual, 2005, Clauses 6.1 and 19.15 - `Taj Heritage Corridor Scam' - Criminal trial - CBI Manual is subject to provisions of Cr.P.C. - In case of any conflict, Code of Criminal Procedure would prevail - Section 157 Cr.P.C. provide procedure for investigation...........
