Mohammedan Law -- Dissolution of marriage by Shariat Council - Writ petition - Maintainability - Shariat Council is a society registered under T.N Societies Registration Act - It exercises overwhelming power over members of Jamath and give a impression that of a public body - Private body exercising power as that of public body is amenable to jurisdiction u/art 226 of..........
Constitution of India, 1950, Article 226 -- Writ petition - Private body exercising power as that of public body is amenable to jurisdiction u/art 226 of Constitution...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s) -- Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act - Abuses when given on phone cannot be said to be within public view or at a public place so as to attract ingredients of offence punishable u/ss 3(1)(r), 3(1)(s) of the Act...........
Document -- Attestation by Notary public - Whether the document is Will or confirmation of act of gifting away property, same was not required to be executed before a Notary public...........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Two ingredients to be satisfied : (1) The offender has sung, recited or uttered any obscene song or word in or near any public place and (2) has so caused annoyance to others...........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Consulting room of doctor in a Hospital - Not a public place or near public place to attract offence u/s 294(b) IPC...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of SC/ST Act - Informant was abused at a public place or may be within public view by taking his caste name - But it was a pure and simple abuse in a sudden outburst and on spur of moment without carrying requisite intention to insult, intimidate and to..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), (ii) -- Illegal gratification - Where complainant turns hostile or has died or is unavailable to let in his evidence during trial, demand of illegal gratification can be proved by letting in the evidence of any other witness who can again let in evidence, either orally or by documentary evidence or prosecution can..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), (ii) -- Illegal gratification - Demand and acceptance - In order to prove fact in issue i.e demand and acceptance of illegal gratification following aspects have to be borne in mind: (i) If there is an offer to pay bribe giver without there being any demand from public servant and latter simply accepts the offer..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), (ii) -- Illegal gratification - Demand and acceptance - Proof of demand and acceptance of illegal gratification by a public servant as a fact in issue by prosecution is a sine qua non in order to establish guilt of accused/public servant u/ss 7, 13(1)(d)(i), (ii) of the Act...........
