CASES REPORTED IN HCC | Case Laws on Unfair Labour Practice; Setting Aside Foreign Award; Validity of Will; GST Cancellation; and more
An update on new additions of case laws to SCC’s High Court Cases volume.
public servant
Prior sanction for prosecuting a public servant can be taken even at the time of conclusion of trial; Gujarat HC rejects bail of retired IAS officer
“In the recent times, there was an increase in socio economic offences in the country. These are the offences which are solely committed for personal gains. These crimes are affecting every part of the country’s economic structure and wrecking the people’s faith in the system.”
Read why Allahabad HC set aside CJM’s order taking cognizance of criminal conspiracy against Development Officer and SP in Public Toilet Scam
“Merely because the accused persons were holding some office, they cannot be tried for commission of any offence without any specific allegation of commission of any act on their part make out the ingredients of the offence.”
Delhi High Court refuses to interfere with corruption proceedings against Jharkhand Mukti Morcha’s Shibu Soren
The accused is the President of the Jharkhand Mukti Morcha, a State Political party in the State of Jharkhand and a sitting Member of the Parliament in Rajya Sabha nominated from the State of Jharkhand.
Action contrary to departmental rules not criminal misconduct by public servant: Kerala HC
“Mere conduct and action of the accused contrary to rules and departmental norms would not amount to criminal misconduct by a public servant.”
Insolvency Resolution Professional is not ‘public servant’ under Prevention of Corruption Act, 1988: Delhi High Court
“Whether the Insolvency Resolution Professional is a public servant or not according to Insolvency and Bankruptcy Code or Prevention of Corruption Act, 1988 or Section 21 of Penal Code, 1860, is purely the domain of the legislature and if required, the legislature may carry out necessary amendments to the legislations.”
Misuse of RTI Act will dilute its importance and make government servants dither from carrying out their activities: Delhi High Court
“The Court has unfortunately been coming across various cases where abuse of Right to Information has led to paralysis and fear among Government officials.”
S. 205 CrPC | Magistrate must not act arbitrarily and be circumspect while deciding personal attendance of a Doctor: Orissa HC
“The Court has a bounden duty to balance the mandate of the law and requirements of general public and then decide the fate of a petition filed under Section 205 of the CrPC especially when the applicant is a public servant, more particularly, the Government servants who are enjoined with a duty to safeguard the lives and health of people.”
Inside Madras High Court’s verdict in 1997 Disproportionate Assets case against former Minister of labour welfare A.M. Paramasivam and his wife
Madars High Court held that having obliged her husband to keep the ill-gotten income other than the known source of income, by lending her name for purchase of properties both in her name and in the name of her minor children, showing her as guardian, she is guilty of abetment under Section 109 of IPC.
Delhi High Court quashes charges against public servant for lack of sanction under S. 197 CrPC
The individual against whom the allegations are made, ought to be a ‘Public Servant’ whose appointing authority is the Central Government or the State Government to entitle him to the protection under section 197 CrPC and not to every public servant.
“Parameters for approval to investigate a public servant are not as stringent as the parameters for granting sanction to prosecute a public servant”: Karnataka HC
“If the aspersions cast on the integrity of a public servant and the Investigating Officer harbours a view that an investigation is necessary, it would be in the interests of both the Government and the public servant that such a nagging suspicion is obliterated”.
Section 180 IPC applies only if the person making a statement refuses to sign it when legally required to do so by a competent public servant: SC
The Court reprimanded the DSP and said that a DSP, ought to know that in terms of Section 162 of Cr.PC, no statement made by a person to a police officer in the course of any investigation, which is reduced to writing, is required to be signed by the person making the statement.
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.
[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.
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.
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.
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
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.
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