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..........
Consumer Protection Act, 1986, Section 13 -- Housing - Commissioner's report - Plea that Commissioner's report was obtained contrary to law and there is no provision for obtaining a Commissioner's report under the CP Act and very order regarding issuance of a commission to the Advocate Commissioner is void repelled - Held that Section 13 of the CP Act authorizes issuance..........
Land Acquisition Act, 1894, Section 5A -- Land of the appellants acquired by notification issued under Section 4 of the Act - Grievance of the appellants that no hearing opportunity was given to them and though the acquisition proceedings were over and the award passed, possession had not been taken at all - The original report suggested that all the objectors were heard..........
Indian Penal Code, 1860, Section 376(2)(g), 342 -- Rape - Conviction - Accused sentenced to 10 years RI and fined Rs.1000/- each - Sentence upheld by High Court - Appellants had already undergone about three years of imprisonment - Incident 14 years old - Appellants and prosecutrix are married (not to each other) - Prosecutrix had also two children - Affidavit filed that..........
M.P.Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982, Section 39,6,43, Criminal Procedure Code, 1973, Section 193 -- Cognizance of offence under Section 6 - Appellants convicted for minor offence - Cognizance of offence cannot be taken under Section 6 of Adhiniyam unless case is committed by Magistrate - Held, conviction improper as Special Judge took cognizance..........
