Prevention of Corruption Act, 1988, Section 2(c), Banking Regulation Act, 1949, Section 460A, Indian Penal Code, 1860, Section 21 -- Public servant - Managing Director and Executive Director of a banking company operating under licence issued by Reserve Bank of India, are public servants, as such they cannot be excluded from definition of `public servant'...........
Civil Procedure Code, 1908, Order 21, Rule 26, 29 -- Stay of execution - Ex parte decree - Petitioners already filed a miscellaneous case U.O.9.R.13 CPC for setting aside ex parte decree - O.21.R.26 CPC not applicable - Moreover, no suit is pending between parties except said miscellaneous case - Petitioner had also not shown sufficient cause to stay execution case as such..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Obstruction petition filed by defendants u/s 47 CPC has already been struck off - Defendant is bound by decree which is confirmed by Supreme Court - Defendants filed another application U.O.21.R.97 CPC by misusing the process - Application rightly rejected - Civil Misc. Appeal thereagainst struck..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Obstruction petition filed by defendants u/s 47 CPC has already been struck off - Defendant is bound by decree which is confirmed by Supreme Court - Defendants filed another application U.O.21.R.97 CPC by misusing the process - Application rightly rejected - Civil Misc. Appeal thereagainst struck..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Contraband - Reduction of sentence - Incident occurred in 2002 i.e more than 20 years ago - Accused are facing agony of protracted trial for about 17 years - They did not misuse concession of bail granted to them - Accused are not involved in any other case - Sentence reduced to period already undergone by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - No recovery has been effectuated from accused - Merely because accused was in regular touch with co-accused is not sufficient to prima facie establish the offence against accused - Accused arrested on basis of disclosure..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Dispossession in violation of decree - Petitioner failed to prove the twin requirements which are required to be proved before an order U.O.21.R.32 CPC is passed - Standard of proof required for proving willful violation is to be strictly construed - Moreover, petitioner is basing her case only on the decree,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 36 -- Contraband - Commercial quantity - Expeditious disposal of case - Directions issued: (i) Police report filed before Trial Court shall carry the details of officer heading the prosecuting agency; (ii) Head of prosecuting agency shall be responsible for supervising the progress of trial; (iii) on the day..........
Civil Procedure Code, 1908, Order 21 -- Execution - When an effective alternative remedy is available to petitioner to approach competent civil Court U.O.21 CPC for executing decree passed by a civil Court, public law remedy u/art 226 of Constitution cannot be invoked for execution of a decree passed by competent civil Court...........
Civil Procedure Code, 1908, Order 21, Rule 48 -- Execution - Money decree - Attachment of salary - High Court stayed the order of Executing Court subject to payment of Rs.2.50 lakhs which was deposited by the petitioner - Petitioner allowed to pay the remaining decretal amount in two instalments - In the event of any default in these payments, order of attachment would..........
