public servant Archives

Orissa HC quashes Criminal proceedings against NESCO Orissa Officials on grounds of absence of Sanction under Section 197 CrPC

The officers on duty cannot be subjected to undue harassment in the hands of unscrupulous litigants, to prevent malicious prosecution provisions such as Section 168 of the Electricity Act, 2003, are put in place.

Case Briefs High Courts

S. 353 IPC not to be used as a tool to cover outright illegality; Bombay High Court quashes false FIR filed by State

Bombay High Court observed that the objective of Section 353 IPC is to prevent a public servant from not being obstructed while performing his lawful duties and same cannot be allowed to become a tool in hand, of unscrupulous persons to cover up outright illegality as done in the present case.

Case Briefs High Courts

[Aarey Car Shed Project] Sending text messages to IAS officer regarding preservation of trees does not constitute offence under S. 186 IPC| Bombay High Court

The accused had pleaded with IAS officer Smt. Ashwini Bhide to look for alternatives so that the trees in the Aarey Forest area, which he has stated to be about 3,500 in number, can be saved during the construction of a car-shed on the same land.

Case Briefs High Courts

Allahabad HC declines to quash 23-year-old criminal case against Indian politician and congress MP Randeep Singh Surjewala

Allahabad High Court said that Randeep Singh had already been directed to be released on bail and he has got right of discharge under Section 239, 245 or 227 CrPC. through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.

Case Briefs High Courts

Elected Ward Members of Wangbal Gram Panchayat are “public servants” under the Prevention of Corruption Act, 1988: Manipur High Court rejects anticipatory bail of the Ward Members

The Manipur High Court rejected anticipatory bail to the elected Ward members of the Panchayat who were charged for fraudulently misappropriating huge Government money.

Legal RoundUp Supreme Court Roundups

Supreme Court December 2022| Presumption of public servant’s guilt in bribery cases; Rejection of Bilkis Bano’s review plea; Tribal Women’s share in father’s property; and more

“When the daughter belonging to the non-tribal is entitled to the equal share in the property of the father, there is no

Case Briefs Supreme Court Supreme Court (Constitution Benches)

In absence of complainant’s direct evidence of bribe, presumption of Public Servant’s guilt can be drawn based on other evidence; holds SC Constitution Bench

The Constitution Bench of SA Nazeer, BR Gavai, AS Bopanna, V Ramasubramanian and BV Nagarathna, JJ has observed that the trial does not abate nor does it result in an order of acquittal of the accused public servant if the complainant turns ‘hostile’, or has died or is unavailable to let in his evidence.

Case Briefs High Courts

Allahabad High Court convicts former UP MLA Mukhtar Ansari for threatening jailer

Allahabad High Court: In an appeal filed under Section 378 of Code of Criminal Procedure (CrPC) against the judgment passed by the

Case Briefs Supreme Court

Explained| “Known source of income” under Section 13(1)(e) of PC Act, 1988 means the sources known to the prosecution or the accused?

Supreme Court: The bench of Dinesh Maheshwari and JB Pardiwala*, JJ has explained the true import of Section 13(1)(e) of the Prevention

Case Briefs District Court

Delhi Court denies bail to Chitra Ramakrishna former MD NSE, for alleged active involvement in illegal interception of telephone calls of NSE employees

Rouse Avenue District Courts, Delhi: In a case relating to illegal interception/monitoring of telephone calls of National Stock Exchange ‘NSE'

Case Briefs High Courts

‘S.I.R cannot be generated at the drop of a hat’; Karnataka High Court quashes corruption proceedings initiated by ACB under Prevention of Corruption Act, 1988

Karnataka High Court: M Nagaprasanna, J. quashed the proceedings initiated against a public servant working as an Executive Engineer in

Case Briefs District Court

Allegations of bribery to grant permission in order to receive foreign funds under FCRA on applications by NGO’s pending in Home Ministry; Delhi Court grants bail to Pramod Kumar Bhasin

Rouse Avenue Court, New Delhi: While granting bail to the applicant Pramond Kumar Bhasin, Ajay Gulati, J. observed that the charge sheet

Case Briefs High Courts

Police post not a place where public servants are attacked with forearms, Dandas and lathis or stone pelting: Del HC

Delhi High Court: In a case wherein a police officer got injured due to an attack by an illegal weapon out of

Case Briefs Supreme Court

Conspiracy and abetment of corruption; SC holds section 13 of Prevention of Corruption Act cannot be invoked against non-public servant

Supreme Court: While dealing with a case of abetment and conspiracy for commission of criminal misconduct by public servant, the Division Bench

Case Briefs Supreme Court

Getting date of birth changed at fag end of your career? STOP! First read the law laid down by the Supreme Court

Supreme Court: In a case where a Government employee had sought change of date of birth in service records from 04.01.1960 to

Case Briefs High Courts

Chh HC | Interdicting a criminal proceeding midcourse on ground of invalidity of the sanction order not appropriate unless failure of justice has occasioned as per S. 19(3) PC Act

Chhattisgarh High Court: Sanjay K Agrawal, J. dismissed the petition being devoid of merits. Facts The facts of the case are such

Case Briefs High Courts

Madras HC | Will procedure laid down under S. 199(2) CrPC for defamation apply on a defamatory statement made in personal nature? HC explains

Madras High Court: V. Bhavani Subbaroyan, J., while addressing the allegations of defamation, held that, While printing and publishing matters with regard

Case Briefs High Courts

Can writ under Art. 226 of Constitution be enforced if any duty or obligation falling upon a public servant out of a contract entered into by him as such public servant? Orissa HC discusses

Orissa High Court: A Division Bench of S. Muralidhar CJ. and B. P Routray J. dismissed the petition on grounds discussed below.

Case Briefs Supreme Court

Whether pre-FIR enquiry is permissible against public servant in corruption matters? What is the scope and ambit of such an enquiry? Supreme Court explains

Supreme Court of India: The Division Bench comprising of Dhananjaya Y. Chandrachud and M.R. Shah*, JJ., addressed the instant appeal challenging the

Legislation Updates Notifications

Mandatory action by police in cases of crime against women: Advisory by MHA

Government of India has taken steps to strengthen legislative provisions to deal with incidents of sexual offences against women and girls. Government