Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand made by accused has not been challenged - Recovery of tainted money from the possession of accused coupled with the presumption as provided u/s 20 of the Act shows that prosecution has successfully proved the guilt of accused beyond reasonable doubt - Demand and acceptance of..........
Civil Procedure Code, 1908, Section 51(c), Order 21, Rule 21, 30 -- Execution - Money decree - There is no bar in law to proceed simultaneously against the person and property of JD in execution of a decree...........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Money laundering - Appellant is more than 75 years of age and has already suffered actual incarceration for 4 years and 9 months - Bail granted to appellant with conditions...........
Civil Procedure Code, 1908, Order 16, Rule 10 -- Witness - Non appearance - Where a witness fails to comply with summons of Court and evidence of said witness is material, then in such a situation, Court is required to take coercive steps including issuance of warrants, moreso when party leading its evidence has done all that is in their hand for summoning them through the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 370, 386, 120B -- Bail - Kidnapping for ransom - Accused have suffered incarceration of 1 year and 4 months - There is no likelihood of trial concluding anytime soon, as charges are yet to be framed - Gold articles and money has already been recovered by investigating agency - Bail..........
Indian Penal Code, 1860, Section 498A, 406, 504, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cruelty - Specific and categoric roles are attributed to each accused independently and collectively - Sole aim of accused appears to be to extort money from complainant and her parents, as even after driving her out of matrimonial home, they have..........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction of Court - Cause of action - Recovery suit for money - Contract for hiring the machinery was offered by plaintiff from place `N', its acceptance and fact that cheques were encashed through plaintiff's banker at place `N', would itself amount to part of cause of action arising at place `N' within jurisdiction of trial..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree against Company - There is no provision in CPC which provides for execution of a money decree against JD Company by effecting arrest and detention of its employee, Director or General Manager...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiffs failed to plead specifically with details about the restriction said to have been imposed by State on registration of sale deeds relating to similar survey numbers and revenue sites - They even failed to get the sale deed executed within three months as per agreement - Even before filing a..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Allegation that accused after receiving the goods, did not pay the money - Proceed of crime is amounting to the tune of Rs.6,71,92,431 - Such averments would prima facie make out a case for investigation by authorities - If the allegation discloses a..........
