Prevention of Corruption Act, 1988, Section 7, 13, 20 -- Illegal gratification - Appeal against conviction - Accused, Asst. Labour Commissioner allegedly received bribe from complainant to issue license - Statement of complainant and evidence of panch witnesses consistently establishing basic ingredients of demand and acceptance - Tainted currency also found from accused -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Where landlady herself is paying higher rent than that getting from tenanted premises, then payment of higher rent is a ground to seek eviction of tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Sub-letting - Where sub-tenants themselves admitted that they have been inducted as tenants by original tenants and not by landlady, therefore they would sink and swim with original tenant - As sub-tenants enjoying possession of demised premises not with the consent of landlady but by an illegal design..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Trap case - Where prosecution is based on a trap, it must be the concern of Court to examine the whole materials, and find whether trap is a genuine trap arranged by police on a genuine complaint or whether it is a vicious trap which police happened to make on a mischievous complaint..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Trap case - A trap for a trap at the instigation, or at instances of somebody who is interested in such a trap, or who is for his own reasons, interested to see that a particular public servant is trapped, cannot be said to be a genuine or legitimate trap - Such a trap is a vicious..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Merely on the basis of recovery of phenolphthalein tainted currency alone, accused cannot be found guilty - Evidence of PW7 DSP is only regarding recovery of currency from the consulting room of doctor - Such evidence would have only supportive value - There must be some direct and..........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 13 -- Constructive res judicata - Application U.O.9.R.13 CPC - Earlier two applications U.O.9.R.13 CPC were not entertained on merits on account of failure to comply with the mandate of S.17 of Provincial Small Cause Courts Act - In absence of any adjudication on merits, rejection of earlier two applications would not..........
Family Courts Act, 1984, Section 13 -- Power of Attorney holder - Right to legal representation - Maintainability u/s 13 of family Court - Depending upon the facts and circumstances prevailing in the case and to preserve the institution and interest of marriage and the welfare and well being of parties etc. Family Court is entitled to receive, examine and act upon an..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Divorce petition filed by husband - Unfounded allegations in written statement as to character of husband - Wife did not even spare character and chastity of mother of husband and sister of husband and other relations of husband while making such obnoxious allegations - Such unfounded allegations of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Rule 13(5) - - Applicability of the rule - Rule 13(5) applies if variations between the quantity of opium produced by cultivator and indicated in Lambardar's record are required to be verified by a proper officer - But, in case, both, cultivator as well as Lambardar, were in collusion then there is no question of..........
