Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Duty of Court - Held, it is a well settled proposition of law that an order under Section 319 Cr.P.C should not be passed unless Court comes to the reasonable conclusion on the basis of evidence before it that the same is likely to lead to conviction...........
Karnataka Stamp Act, 1957, Section 52, 52A, Karnataka Registration Rules, 1965, Rule 193, 194 -- Stamp duty - Refund - State Government has passed the impugned Government Order in exercise of its powers under Section 52A of the Karnataka Stamp Act, 1957 directing refund of stamp duty paid by the petitioner by deducting at the rate of 25 paise per rupee - Neither the rules..........
Land Acquisition Act, 1894, Section 3(f), 5A, 17(4) -- Acquisition of land for public purposes - Held, construction of jail is certainly in public interest and for such construction land may be acquired - But such acquisition can be made only by strictly following the mandate of the Act - Such acquisition cannot be made by invoking emergency provision of S.17 of the Act -..........
Evidence Act, 1872, Section 65 -- Secondary evidence relating to contents of a document is inadmissible, until the non production of the original is accounted for, so as to bring it within one or other of the cases provided for in the section - Secondary evidence must be authenticated by foundational evidence that the alleged copy is in fact a true copy of the original...........
Indian Penal Code, 1860, Section 441 -- Criminal trespass - Intention to commit an offence or to intimidate, insult or annoy the person in possession of the property is an essential ingredient. The section pre-supposes the possession of the property of another person who is the lawful owner...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Indian Penal Code, 1860, Section 109 - Accused A1, a Crime Inspector convicted for demanding and accepting illegal gratification from complainant - Accused A2, a Police constable-cum-Driver of police jeep, convicted for abetting the offence - Undisputedly tainted money produced by A2 who was not official..........
Constitution of India, 1950, Article 32, Central Vigilance Commission Act, 2003, Section 4(1) -- Appointment - Chief Vigilance Commissioner - Challenge as to - Writ jurisdiction - Quo warranto - Writ maintainability - Plea that writ of quo warranto not maintainable since the present case is neither the case of infringement of the statutory provisions of the 2003 Act nor of..........
Constitution of India, 1950, Article 32, Central Vigilance Commission Act, 2003, Section 4(1) -- Appointment - Chief Vigilance Commissioner - Recommendations of High Powered Committee - Institutional integrity - Judicial review - Under proviso to Section 4(1) the HPC had to take into consideration what is good for the institution and not what is good for the candidate -..........
Constitution of India, 1950, Article 32, Central Vigilance Commission Act, 2003, Section 4(1) -- Appointment - Chief Vigilance Commissioner - Judicial review - Merit review - Held that there is difference between judicial review and merit review - In the case judicial determination is confined to the integrity of the decision making process undertaken by HPC in the proviso..........
Central Vigilance Commission Act, 2003, Section 3(3) -- Appointment - Chief Vigilance Commissioner - Zone of consideration - No reason stated as to why zone of consideration restricted only to civil services and not in terms of Section 3(3) of the Act - Directions issued that in future zone of consideration should be in terms of Section 3(3) of the Act - It should not be..........
