Questions and answers on law (Part 86)

Q :-  Whether Sanction for all offences  under corruption  act is required , for which offences  sanction is not required? How sanction for prosecution in proved in cases under prevention of corruption act

Ans:- 1) Is sanction required for all PC Act offences?

No. Sanction under Section 19 PC Act is required only when the accused is a “public servant” and the court is taking cognizance of specified PC Act offences (bribery/criminal misconduct etc.) and the person is still covered as a public servant at the relevant time.

2) For which situations/offences sanction is not required?

Print Page

What are triple tests for grant of bail?

 The Supreme Court in P. Chidambaram v. Directorate of Enforcement, (2020) 13 SCC 791, held that while deciding bail, the court should apply the triple or tripod test, namely: whether the accused is likely to flee from justice, whether he may tamper with evidence or influence witnesses, and whether his presence can be secured during trial. The Court further held that the gravity of the offence is also a relevant consideration, but bail cannot be refused mechanically if the triple test is otherwise satisfied.”

Print Page

When a Hindu Woman Dies Intestate: Who Inherits Her Self-Acquired Property?

The Supreme Court in Omprakash v. Radhacharan Civil Appeal No. 3241 of 2009 Decided On: 05.05.2009 clarified an important principle regarding succession to the property of a Hindu female dying intestate. The Court explained that the Hindu Succession Act does not create a separate rule for self-acquired property of a woman outside the framework of Section 15 of Hindu Succession Act. Instead, one must carefully read Section 15(1) of Hindu Succession Act and Section 15(2) of Hindu Succession Act.

Print Page

What is basic concept of S 141 of Negotiable instruments Act?

 Section 141 of the Negotiable Instruments Act deals with vicarious liability when the drawer of the dishonoured cheque is a company or firm, not a natural person. It says that along with the company, every person who at the time of the offence was in charge of and responsible for the conduct of its business can also be prosecuted, subject to the statutory defence that the offence occurred without his knowledge or despite due diligence.

Interview answer

Print Page