Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Sanction granted and draft to grant sanction are ad verbatim - Managing Director without any application of mind accepted request of Superintendent of Police ACB to grant prosecution sanction against accused which is contrary to requirement and object of S.19 of the Act - Sanction granted for..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Court Fees Act, 1870, Section 7(iv)(c) -- Counter claim - Court fee - Counter claim for declaration that agreement to sell, executed by power of attorney holder, is illegal, null and void - Infact the relief sought is for cancellation of agreement to sell - Merely by terming the counter claim as suit for declaration, defendant..........
Custody of child -- Claimed by mother - Writ of Habeas Corpus - Younger child was with mother and corpus who was elder child is with father - Child is happy with his father and has keen interest in study - He has no complaints with his father and wishes that his parents and his younger brother stay together - Child appears to be in healthy condition and does not appear to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession, permanent injunction and mandatory injunction - Concurrent findings of both the Courts below that defendant was in illegal possession of suit property based on report of Local commissioner qua which no objections were filed by defendants - No question of law much less substantial question of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 25, Criminal Procedure Code, 1973, Section 439 -- Recovery of 750 gms opium/afeem - Bail - Non-compliance of mandatory provision of the Act - Cannot be looked into at this stage for grant of bail unless there is any glaring irregularity which will make the seizure itself illegal...........
Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Initial possession of goods in question may not be illegal but retaining those with knowledge that it was stolen property makes it culpable...........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Appeal against - Appellant while challenging ex parte decree by filing an appeal, can always point out from record of trial Court that order passed to proceed with the suit ex parte against him was illegal...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Appeal against - Appellant can always point out from record of trial Court that order proceeding him ex parte was illegal - Record shows that attempt to service summons by regular mode failed as premises of appellant were found to be locked - Trial Court did not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Accused earlier benefited out of an illegal order of Magistrate granting bail, which though cancelled by Sessions Judge - High Court while affirming order cancelling bail granted to accused directed him not to be arrested - Process and manner in which accused was granted..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 5 quintal and 21.5 kgms Ganja - Recovery effected from the house in question - Accused an old illiterate lady from rural background who was senior citizen at the time of alleged incident was residing in that house along with her husband and two grown up children who may be into..........
