Indian Penal Code, 1860, Section 302, 460, 147 -- Murder - Appeal against conviction - Accused acquitted - No allegation in FIR of offence of robbery or to take off money by accused - Some amount due to accused from deceased alleged as motive to commit murder of deceased but not proved - Recovery of articles irrelevant when no theft was reported and things recovered were..........
Civil Procedure Code, 1908, Section 52, Order 21, Rule 30 -- Money decree - Execution against L.R's - Decree cannot be executed against L.R's by their detention in civil imprisonment as decree against L.R's can only be executed by selling the property which is inherited by the L.R's...........
Punjab Land Revenue Act, 1887 -- Demand notice - Recovery of public money - Excess amount of compensation taken by petitioner on account of land which has already been acquired has been re-paid by him in short intervals - Interest charged @ 10.5% P.A. on account of fact that he had used Govt. money for 5 years and did not disclose it to authorities himself till it was..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Mere recovery by itself cannot prove the charge of prosecution against the accused, in the absence of any evidence to prove payment of bribe or to show that the accused voluntarily accepted the money knowing it to be bribe...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Shadow witness stated that he did not witness the giving of bribe by complainant and acceptance thereof by accused - Self serving statement of complainant is not at all sufficient to fasten any criminal liability on the accused - Held, for want of sufficient..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Accused not apprehended while accepting bribe - Matter was reported to police after more than a month of acceptance of the alleged bribe money - Delay gains significance - Delay not explained - Held, delay is fatal to prosecution case...........
Agreement to sell -- Specific performance - Trial Court granted decree of refund of earnest money with interest @ 9% - Appellate Court reversed the decree and granted a decree of specific performance - Trial Court specifically observed that specific performance of the contract will put undue hardships upon the defendant who is agriculturist and is fully dependent on the..........
Civil Procedure Code, 1908, Section 9 -- Suit for recovery of money based on negligence on the part of defendants - Suit is not maintainable without seeking relief of declaration regarding acts and omissions on the part of defendants...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand of illegal gratification is sine qua non to constitute offence under the Act - Further, mere recovery of currency notes itself does not constitute offence under the Act unless it is proved beyond all reasonable doubt that accused voluntarily accepted money knowing it to be..........
Prevention of Corruption Act, 1988, Section 13(1), 13(2), 7 -- Illegal gratification - Proof - As per prosecution case, money was demanded for installation of telephone connection which as per evidence had already been installed on the date of occurrence itself - Admitted case of prosecution that after recovery of tainted money from pocket of appellant his both hands were..........
