Torts -- Claim for damages for libel - Defamatory article - First published in print media and then on website - Continued residing of defamatory material or article on the website does not give continuous cause of action to plaintiff to sue for defamation/libel - However, if there is re-publication resorted to by the defendant - with a view to reach different or larger..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 2(c) -- Illegal gratification - Public servant - Municipal Councillor - He is a public servant within the meaning of S.2(c) of the Act - Sub-section (viii) of S.2(c) of the Act makes any person, who holds an office by virtue of which he is authorized or required to perform any public duty, to be a public servant..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 21(1), East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, Rule 18 -- Whether in a petition u/s.42 after expiry of more than three decades from the date, when consolidation scheme was sanctioned, an application for variation in scheme is permissible? -..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - An act though sufficient in ordinary course of nature to cause death, would not always constitute an offence under this section, if the necessary intention or knowledge on the part of accused is lacking...........
Land Acquisition Act, 1894, Section 4, 5A -- Land acquisition - Publication of notification - Purpose of publication of notification is two fold - First to ensure that adequate publicity is given so that land owners and persons interested will have an opportunity to file their objections u/s 5-A of the Act and second to give the land/owners/occupants a notice that it shall..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - In the trial Court some times pleadings are not properly drafted and merely on technicalities the relief should not be denied - It is not necessary that particular section should be mentioned in the application - It is the substance in the application which is material for adjudicating upon the relief..........
Prevention of Corruption Act, 1988, Section 13(1)(d) -- Essential ingredients of the provision are : (i) that he should have been a public servant; (ii) that he should have used corrupt or illegal means or otherwise abused his position as such public servant, and (iii) that he should have obtained a valuable thing or pecuniary advantage for himself or for any other person..........
Indian Penal Code, 1860, Section 420, Punjab Panchayat Raj Act, 1994, Section 4(2), 5, 44, 51, 71, 77 -- Embezzlement to the tune of 30 lakhs on the pretext of sending son of complainant to America for permanent job - Jurisdiction of Panchayat to try the offence - Held, (i) There is no bar for investigating any offence by the police including the offences mentioned in the..........
Criminal Procedure Code, 1973, Section 397, 399, 401 -- Revision - High Court can call for the records of any criminal court and examine the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceeding of such inferior Court - However, sub-section (2) of S.397 puts a restriction on exercise of such..........
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Section 20(3), 30 -- Both the provisions of S.20(3) and S.30 are independent and do not require action to be taken under another section as a prelude to taking of action under one section - There can be suspension of registration u/s 20(3) and it may or may not necessarily follow..........
