Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Every acceptance of illegal gratification whether preceded by a demand or not would be covered u/s 7 of the Act - But if acceptance of illegal gratification is in pursuance of a demand by the public servant, then it would also fall u/s 13(1)(d) of the Act - In..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Cheque in favour of Govt. company - Complainant when a public servant, the statute exempts examination of the complainant and the witnesses, before issuing process...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200, Indian Penal Code, 1860, Section 21 -- Harmonious consideration to be given to S.142 NI Act and S.200 Cr.P.C. - Dishonour of cheque issued in favour of Govt. Company - Complaint filed by company through public servant - Held, that in such cases company becomes a defacto..........
Prevention of Corruption Act, 1988, Section 13(1)(d)(i) -- In order to make out an offence u/s 13(1)(d)(ii) prosecution must establish that the public servant has abused his position as a public servant whereas it is not necessary to make out offence u/s 13(1)(d)(i) of the Act - Material on record prima facie establishing that petitioner has committed an offence u/s..........
Criminal Procedure Code, 1973, Section 91, 401, Income Tax Act, 1961, Section 138, 280 -- Income-tax proceeding - Production of documents - Power of court - Held, court cannot ask income tax authority for producing any documents relating to income tax proceeding and/or like unless same is required for public interest and/or public purpose...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Recovered from a place which belonged to canal department - No public witness associated, except PW4 who was already known to SHO for the past two months - Delay of 15 days in sending sample to FSL - There was only one seal of IO - Second seal of a senior police officer on case property is..........
Prevention of Corruption Act, 1988, Section 19, 7, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 120B -- Illegal gratification - Offence u/ss 7, 13(1)(d), 13(2) and S.120-B IPC - Sanction for prosecution granted u/s 19 of Corruption Act - Sanction u/s 197 Cr.P.C. for prosecution of offence u/s 120-B IPC is not required since..........
Punjab Regional and Town Planning and Development Act, 1995, Section 45(5), 45(8), 46(1), Constitution of India, 1950, Article 226, 227 -- Cancellation of allotment on the ground of unauthorized construction - Unauthorized construction removed before decision by Revisional Authority - Order of resumption issued on 13.11.1992 and notice of eviction on 16.05.2003 - Held,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Version in conflict with public document sought to be deleted so as to bring the earlier statements in conformity with the documents - Order allowing amendment, upheld...........
Civil Procedure Code, 1908, Order 39.Rs.1, -- Temporary injunction - Trade mark - Prima facie opinion that a man with ordinary prudent is likely to be deceived while purchasing product as two trade marks are quite similar to each other and there is every likelihood of general public being deceived while purchasing goods of defendants - Even, there is further likelihood..........
