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 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...........
Prevention of Corruption Act, 1988, Section 13(1)(e), Criminal Procedure Code, 1973, Section 173(2), 190 -- CBI (Crime) Manual, 2005, Clauses 6.1 and 19.15 - `Taj Heritage Corridor Scam' - Investigation of offence conducted by CBI - Report has to be filed by CBI under Section 173(2) Cr.P.C. to Special Judge who takes the place of Magistrate...........
Criminal Procedure Code, 1973, Section 197(5), 197(6)(ii) (as amended by State of Assam by Amending Act, 1984, Assam General Clauses Act, 1915, Section 6 -- Sanction for prosecution - 'Public Servant' - Sanction for prosecution of public servant not granted under Section 197(5) Cr.P.C. (as amended by State of Assam by Amending Act, 1984) - Later State Government repealed..........
Criminal Procedure Code, 1973, Section 195, 340, Land Acquisition Act, 1894, Section 18, 26 -- Land acquisition - Award given by Collector - Reference made to Civil Court - Fraud took place in awarding compensation - Subordinate Judge, his staff, advocates of claimants, advocates appearing on behalf of the State and other officials involved - As per Section 26 of Land..........
Criminal Procedure Code, 1973, Section 195, 340, Land Acquisition Act, 1894, Section 18, 26 -- Land acquisition - Award given by Collector - Reference made to Civil Court - Fraud took place in awarding compensation - Subordinate Judge, his staff, advocates of claimants, advocates appearing on behalf of the State and other officials involved - As per Section 26 of Land..........
Civil Procedure Code, 1908, Section 9, Order 39, Rule 1, 2 -- Interim Injunction - Bar of jurisdiction of Civil Courts - Plaintiff secured loan by hypothecation and charge from the Financial Institution - Financial Institution issued notice for enforcement of obligation - Plaintiff filed suit for mandatary injunction - Application for interim injunction also filed -..........
Civil Procedure Code, 1908, Section 80(1), 80(2) -- Government or public officer - Suit against - Notice u/s 80 CPC is imperative - In case urgent and immediate relief is to be granted suit can be instituted without service of notice u/s 80 with leave of the Court - Such leave must precede the institution of suit - Order granting leave must indicate the ground(s) pleaded..........
Civil Procedure Code, 1908, Section 80(1), 80(2) -- Notice - Service of - Condition precedent for institution of a suit against Govt. or a public officer - No suit can be filed against Govt. or a public officer unless requisite notice u/s 80 (1) has been served on such Govt. or public officer - Section imposes a statutory and unqualified obligation upon Court - In absence..........
