Prevention of Corruption Act, 1947, Section 6(1), Prevention of Corruption Act, 1988, Section 19(3), Evidence Act, 1872, Section 76, 77, 78 -- Illegal gratification - Sanction for prosecution - Order of sanction is a public document which can be proved in terms of Ss.76 to 78 of Evidence Act...........
Prevention of Corruption Act, 1947, Section 6(1), Prevention of Corruption Act, 1988, Section 19(3) -- Illegal gratification - Sanction for prosecution - Granted under old Act - Cannot be taken to be one under the new Act...........
Constitution of India, 1950, Article 21, Hindu Marriage Act, 1955, Section 5 -- Intercaste marriages - Once a person becomes major, he or she can marry whosoever he/she likes - No bar to an intercaste marriage under Hindu Marriage Act or any other law - Such marriages are in national interest - Results in destroying caste system - Acts of violence or threats or harassment..........
Constitution of India, 1950, Article 226, 227, Punjab Co-operative Societies Act, 1961, Section 36, Punjab Co-operative Societies Rules, 1963 -- of Appendix - C - Illegal election programme - Election of Board of Directors of Central Cooperative Bank - Writ petition for quashing election programme and subsequent election process - Guidelines issued by Registrar for holding..........
Constitution of India, 1950, Article 226, 227 -- The Capital of Punjab (Development & Regulation) Act 1952. Sections 3 & 4 - Chandigarh (Sales of Sites and Buildings) Rule 1960 Rule 7 - Writ of Mandamus - Removal of encroachment - Industrial Plots allotted in 1988 - Possession not handed over to the allottees - Illegal and unauthorized encroachments on the sites - In..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Doctor - Demand of money for treatment of complainant's brothers's son - Recovery of Rs.750/- as a result of trap - Money recovered from a private clinic - Defence version that money was accepted for private treatment - Prosecution failed to prove demand of money towards bribe - Doubt..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Representation - If there is serious delay in disposal of representation then detention order is liable to be set aside - In case delay is reasonably explained that by itself is not sufficient to hold that the detention was bad and illegal -..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1), 8(c) -- Preventive detention - Reference to Advisory Board - Has to make within 5 weeks of detention - However, when some material is sent to Advisory Board within six weeks then delay of one week in sending some of relevant record by itself does not make the reference illegal..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1), 8(c) -- Preventive detention - Some of the grounds vague - Order not vitiated if it is sufficient to stand on its own on basis of other grounds - Detention as a whole not illegal - If there are severable grounds, the vague nature of one of the grounds will not vitiate the..........
Court Fees Act, 1870, Section 7(iv)(b) -- Collusive decree - Challenged being illegal, null and void - Suit for declaration - Court fee - Suit is not covered by S.7(iv)(b)(c) - Plaintiff is not liable to pay ad-valorem court fee...........