2023 SCC Vol. 9 Part 5
Border Security Force Rules, 1969 — Rr. 142, 143, 43, 45, 48, 49, Appendices IV and VI: Strict adherence to procedural safeguards
preliminary enquiry
Calcutta High Court directs Competent Authority to enquire alleged irregularities in Diamond City West Apartment Owners’ Association
The Competent Authority’s power to act on complaints is not limited to complaints made by the Association or a majority of its members, it also extends to cases where the Association or its top management might be involved in the alleged wrongdoings
Supreme Court sets aside Orissa HC order against Lokayukta’s direction to conduct preliminary inquiry against MLA; says Natural Justice principles not followed
Since the Odisha Lokayukta was not given any opportunity of being heard when the Division Bench of Orissa High Court set aside the inquiry order, the Supreme Court held the same as a manifest error in violation of the principles of natural justice.
Explained| Is Preliminary Enquiry mandatory in all corruption cases?
Supreme Court: The 3-judge bench of Dr. DY Chandrachud*, Vikram Nath and BV Nagarathna, JJ has held that a Preliminary Enquiry is
Guj HC | Absence of prima facie case under Atrocity Act : Court can grant anticipatory bail
Gujarat High Court: Dr A.P. Thaker, J. passed an order to grant anticipatory bail for the offences punishable under Section 3(1)(r)(s) and 3(2)(v-a)
Absence of entries in General Diary concerning the preliminary enquiry is not per se illegal: SC
Supreme Court: Holding that the absence of entries in the General Diary concerning the preliminary enquiry is not per se illegal, the bench of NV Ramana and SA Nazeer said: “As the concept of maintaining General Diary has its origin under the Section 44 of Police Act of 1861 as applicable to States, which makes it an obligation for the concerned Police Officer