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...........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Vehicle involved in NDPS case - Registered owner of vehicle has been implicated but, Court feels that an indefinite seizure of vehicle will not serve any purpose - So far as request of Public prosecutor to furnish a bank guarantee, since small quantity of 13 gms of smack was found that too in possession of..........
Judicial review -- Scope of - Matters of tenders/public auction - Allegations of illegality, irrationality and procedural impropriety would be enough grounds for Courts to assume jurisdiction and remedy such ills...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for permanent injunction - Documents which were sought to be produced at appellate stage were mainly public documents - Authenticity and genuineness of said documents was not in dispute - Suit for perpetual injunction is on assertion of settled possession - Hence, these documents..........
Criminal Procedure Code, 1973, Section 173(6), 161 -- Statement of prosecution witnesses - Supply of copies to accused - All statements of prosecution witnesses has to be supplied to accused - S.173(6) Cr.P.C. is an exception to the said provision - This is applicable in two eventualities, viz. (a) Statement is not relevant to the subject matter of the proceedings; (b) Its..........
Indian Penal Code, 1860, Section 353, 341, 506, 188, 149 -- Assaulting public servants and restraining them from discharging their official duties - An improvement for the reason that the same does not find place either in the FIR or in the statement of complainant recorded u/s 161 Cr.P.C. - It would be futile exercise even if the matter is put to trial - Proceedings..........
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...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Sufficient opportunities were granted by trial Court to defendant to file its written statement - However, defendant chose not to appear before trial Court - Though defence of defendant rightly struck off by trial Court, but since defendant is a..........
Auction sale -- Once the property is sold in public auction in favour of highest bidder, sale cannot be set aside on basis of some offer made by third party subsequently and that too when he did not participate in auction proceedings and did not make any offer...........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 482 -- Defamation - Imputations in counter filed in Court proceedings - Not circulated or stated so, in the public at large - A counter in a suit, though a public document, but is not seen by others - Even in the complaint, there is no averment that other persons read the counter - As such,..........
