Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Execution - Stipulation to pay interest @ Rs.18% per annum contained in award cannot by itself be said to be unreasonable - It cannot be said that award put in execution is opposed to public policy, illegal or vitiated by fraud...........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Auction sale - Setting aside - It is obligation of Court to ensure that only such portion of property which is sufficient to meet the claim in execution petition alone is sold - Words `necessary to satisfy decree' in O.21.R.64 CPC indicate that no sale can be allowed beyond decretal amount mentioned in sale proclamation..........
Service -- Re-instatement - Payment of salary for period during which employee kept out of service - Where appellate authority found termination of employee illegal, it would not ipso facto inevitably follow that employee will become entitled to claim salary for entire period consequent upon his being found to be entitled to reinstatement - This is a matter for authority..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - There must be a proximate and live link between the occurrence and the subsequent suicide, inasmuch as, the instigation or illegal complained off omission or commission at the hands of the accused to the deceased must be the only factor, which subsequently led to him committing suicide...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Extension of time to complete investigation granted without opportunity to accused to have his say - Order is illegal and unsustainable in the eye of law - Default bail granted...........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Demand and acceptance - Proof of demand of bribe by a public servant and its acceptance by him is sine quo non for establishing offence u/s 7 of the Act...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Complainant/PW1 is the only witness to alleged demand and acceptance - He did not state that accused reiterated her demand at the time of trap - His version is that on his own, he told her that he had brought the amount - In cross examination PW1 accepted that..........
Criminal Procedure Code, 1973, Section 438 -- Item No.22 in the list of Constitution Scheduled Caste and Scheduled Tribe Order amendment Act 1976 - Grant of bail - Applicability - State issued notification by which Petitioners were constrained to seek anticipatory bail on the ground that they come under provisions of 1989 Act - Lohar is not same as Lohara - Including..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question was given as security in view of compromise arrived at between parties - Complainant admitted that cheque was not issued in respect of any enforceable debt - Proceedings u/s 138 of the Act would be illegal - Complaint quashed...........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Accused being Assistant Jailer used to accept illegal gratification from family members of prisoners and if any family member of prisoner refused to pay the bribe, he used to treat them rudely - Call data record and conversion made between accused and other accused persons clearly..........
