Home Case Law Today Indian Courts 17 Important Indian High Court Judgments Pronounced Today [03-04-2018]
Criminal Procedure Code, 1973 - S. 197 - Prevention of Corruption Act, 1988 - S. 19 - legality and validity of the sanction for prosecution - fresh sanction under Section 19 of POC Act to be vitiated rendering the proceedings in the criminal case based thereupon impermissible - the prosecution for offences under the general criminal law (IPC offences) is also impermissible, there being no sanction under Section 197 Cr. PC.
Injunction - Without the plaintiffs having a prima facie case in their favour, merely by urging the criteria of balance of convenience, they cannot be entitled to interim relief.
Murder & Robbery - Prosecution has not performed its duty properly and diligently. Two persons were killed in the incident. There is no explanation offered by the prosecution that why there was inordinate delay in recording the statements of the witnesses even though injured eye witnesses. Although witnesses were available. It is observed that it is the duty of the prosecution to act fairly and promptly.
Forgery - Forged Partnership Deed - A signed partnership deed on behalf of P claiming that P has authorized him to sign that document - A person is said to have made a false document, if (i) he made or executed a document claiming to be someone else or authorised by someone else; or (ii) he altered or tampered a document; or (iii) he obtained a document by practicing deception, or from a person not in control of his senses. So it is clear that the applicants executed forged partnership deed and thereby committed forgery.
Service Law - Compassionate Employment - Important Factors while considering a claim for employment on compassionate ground.
Specific Relief Act, 1963 - S. 14 - Contract of Personal Service - The promised employment in the present case ceased to have private law character and its status changed due to the fact that the body /authority had made promise of grant of such employment in terms of its policy while acquiring the land belonging to the employee.
Code of Criminal Procedure, 1973 - S.378 - Criminal Appeal against the judgment of acquittal - Principles qua powers of the appellate Courts while dealing with an appeal against an order of acquittal.
The petitioner, who is father of a victim of rape and sexual violence, has preferred this writ petition for termination of pregnancy of his daughter which according to the petitioner is a result of commission of the offence of rape on his daughter.
Penal Code, 1860 - S.302/34 - Murder - Common Intention - Accused who only keeps the common intention in his mind, but does not do any act at the scene, cannot be convicted with the aid of Section 34 IPC.
Narcotic Drugs and Psychotropic Substances Act, 1985 - S.18 - default sentence - trial Court has imposed fine of Rs.1.50 lakhs, which is minimum prescribed in the aforesaid offence, and in default of payment, sentence of 2 years R.I has been directed - an amount of payment of fine of rupees one lakh which is minimum as specified in Section 18 of the Act cannot be reduced in view of the legislative mandate - reduced the custodial sentence in default of payment of fine from 2 years R.I to 6 months R.I - accused has already suffered near about 12 years and 80 days jail sentence, his custodial sentence is reduced from 15 years R.I to 12 years and 2 months R.I.