Prevention of Corruption Act, 1988 - Section 17A - Mandatory Prior Approval for Inquiry or Investigation against Public Servants - Protecting Public Servants from Vexatious Prosecution: The court emphasizes the significance of Section 17A of the Prevention of Corruption Act, 1988, which mandates prior approval from the competent authority for any inquiry or investigation into offenses alleged to h...
Employment Law – Extension Lecturers – Remuneration – Petitioners, retired eligible teachers, filed a writ petition seeking quashing of Clause/paragraph 11 of the ‘Policy guidelines regarding engaging Eligible Extension Lecturers in Govt. Colleges purely on work requirement basis’, dated 04.03.2020, and direction to pay them monthly remuneration at par with eligible s...
Seizure and Freezing of Bank Accounts – Connection with Corruption Case – The appellant’s bank accounts were seized and frozen during the investigation of her husband (Accused No. 3) in a corruption case involving Canara Bank - [Paras 3-6, 13].
Trial Court’s Order on Seized Amounts – Allowed partial utilization of the seized funds; the rest was to be invested and i...
FACTS: Indus Towers Ltd. Appealed against the resolution (No. 7) of the Grampanchayat of Chikhalhol, which directed the company to halt the construction of a mobile tower, responding to objections raised by local villagers concerning health effects of the tower’s radiation.
ISSUES & RULINGS:
1. Whether the Grampanchayat, after issuing a No Objection Certificate...
Criminal Law – Quashing of Proceedings – Section 482 CrPC – High Court dismissed the appellant's application to quash criminal proceedings related to an offense under Section 376 IPC – Supreme Court allowed the appeal, holding that the allegations did not prima facie constitute the offense of rape – Consensual relationship between the parties negated the essential...
Offence of stalking under Section 354-D IPC – Ingredients required to establish the offence – Intent to foster personal interaction despite clear disinterest – Legislative intention and concerns of misuse (Paragraphs 6, 10, 12, and 19).
Offence under Section 509 IPC – Requirement of prima facie establishment of intention to insult the modesty of a woman –...
Constitution of India – Article 226 – Criminal Procedure Code, 1973 – Section 482 – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Quashing of FIR – Abuse of process of law – Misuse of provisions of the Act – Examination of scope and ambit of inherent powers of the High Court.
Scheduled Castes and Scheduled ...
Quashing of FIR – Section 482 CrPC – Appeal against High Court's dismissal of petition to quash FIR – FIR registered based on private complaint alleging offenses under IPC including cheating and breach of trust – Supreme Court finds no ingredients of alleged offenses made out in the complaint – FIR and charge-sheet quashed [Paras 1-19].
Commercial Dis...
Criminal Law – Copyright Infringement – Vicarious Liability – Court dealt with the issue of vicarious liability under the Copyright Act, 1957. The petition sought the quashing of proceedings against the petitioner, accused of copyright infringement in his capacity as AGM of a company. The Court examined the applicability of vicarious liability and the role of the company in the a...
Vicarious Liability – Requirements under Section 141 of NI Act – The Supreme Court held that merely stating that directors are in charge of and responsible for the conduct of the business of the company does not fulfill the requirements of Section 141 of the NI Act. Specific averments detailing their role and responsibility are necessary [Paras 1-88].
Personal Appearance &...