Prevention of Corruption Act, 1988, Section 5(1)(d), 5(2), 5(3A), Indian Penal Code, 1860, Section 161 -- Illegal gratification - Co-accused acquitted as prosecution witnesses did not transpire confidence - Conviction of appellant on the same evidence does not sound to be reasonable and correct...........
Criminal Procedure Code, 1973, Section 195(b)(i), 161, Indian Penal Code, 1860, Section 167, 193 -..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420,406,161 -- Public servant - Sanction for prosecution - Accused summoned u/ss 420, 406 & 161 IPC - Held, sanction for prosecution for these offence not required - Trial to proceed as per the summoning order...........
Criminal Procedure Code, 1973, Section 161, Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 300 -..........
Prevention of Corruption Act, 1947, Section 5(1)(d), 5(2), Indian Penal Code, 1860, Section 161 -- Illegal gratification - Demand and acceptance proved - Failure to explain the presence of anthrecene powder found on the hands of accused - Presumption is required to be drawn against the accused - Failure to rebut the presumption by leading probable defence - Conviction u/s..........
Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Grant of pardon to convicts by Governor - Seven accused convicted and sentenced to life imprisonment by trial court - Governor granted pardon to three of the accused pending appeal by pronouncing their innocence - Order of Governor set aside - Held, to decide the innocence or otherwise of..........
Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Grant of pardon to convicts by Governor - Judicial review - Grounds are : (a) that he order has been passed without application of mind; (b) that the order is mala fide; (c) that the order has been passed on extraneous or wholly irrelevant considerations; (d) that relevant materials have..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 432, 433, 433A, Constitution of India, 1950, Article 32, 137, 72, 161 -- Judicial review of clemency power of President and Governor - Death sentence awarded to petitioner in a murder case - Governor commuted the death sentence into life imprisonment - Quashing of order - Held, unless the exercise..........
Constitution of India, 1950, Article 137, 161, 134, Indian Penal Code, 1860, Section 304B -- Review - Dowry death case - Appeal to Supreme Court - Mother of husband who was convicted not made party to appeal - Supreme Court made observation that if mother has been granted benefit of remission under Govt. order she would not be entitled to same - Improper - Observation made..........
Criminal Procedure Code, 1973, Section 164, 161, Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against acquittal - Deceased was last seen in company of other prosecution witnesses - As per testimony of prosecution witnesses they themselves were suspects in eye of police - Accused persons arrested very late, suggesting that police not sure about correctness of..........