Prevention of Corruption Act, 1988, Section 5(2), Indian Penal Code, 1860, Section 161 -- Illegal gratification - Reduction of sentence - Case of taking bribe of Rs.230/- - Accused in jail for almost 32 days - Matter relates to the year 1979 - Sentence reduced to period already undergone...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 38, 41 -- Injunction suit against Father (Karta) not to alienate ancestral property and joint family property - Held, suit not maintainable - Remedy with coparcener is to file suit after alienation seeking declaration that alienation was without legal necessity - Exception to this..........
Criminal Procedure Code, 1973, Section 389, Negotiable Instruments Act, 1881, Section 138 -- Suspension of sentence during pendency of appeal - Conviction u/s 138 Negotiable Instruments Act and accused was ordered to pay compensation - Sentence suspended on condition of deposit of 50% of fine and a bond with surety of Rs.20, 000/- to ensure appearance before appellate..........
Indian Penal Code, 1860, Section 107 -- Abetment - A person can be said to have abetted in doing a thing, if he, firstly, instigates any person to do that thing; or secondly, engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Ingredients of the offence are : (i) an agreement between two or more persons; (ii) the agreement must relate to doing or causing to be done either (a) an illegal act; (b) an act which is not illegal in itself but is done by illegal means - Criminal conspiracy is hatched in secrecy and it is difficult to obtain..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Ingredients of the offence are : (i) an agreement between two or more persons; (ii) an agreement must relate to doing or causing to be done either (a) an illegal act; (b) an act which is not illegal in itself but is done by illegal means - It is necessary to show meeting of minds of two or more persons for..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Petitioner involved in illegal activities of evasion of customs and central excise duties - Quashing of detention order - Order of detention was passed five years ago for a period of one year - Satisfactory explanation not given for not executing the..........
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Conviction - Appeal - Suspension of sentence - Complainant turned hostile and admitted that applicant had not demanded any bribe - Trap money was provided by advocate of ship breaking companies which were aggrieved by levy of huge amount of tax - Trap..........
Prevention of Corruption Act, 1988, Section 13(1)(d)(e), 13(2), 7, Indian Penal Code, 1860, Section 409, 420, 471 -- Illegal gratification - An employee of co-operative Bank is a `public servant' and is liable to be prosecuted for an offence under Prevention of Corruption Act...........
Indian Penal Code, 1860, Section 323, 324, 364, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence under SCST Act not investigated by person authorised under rule 7 - Held, investigation done in violation of Rule 7 is illegal qua offence related to offence under SCST Act but not qua the offence under Indian..........
