Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2016, Section 2(1)(c)(vii) -- Return of plaint - Lack of territorial jurisdiction - Agreement for which specific performance is sought for is a draft agreement, not signed by applicants - Provision of S.8 of Arbitration and Conciliation Act would not be applicable - Subject matter of suit would not..........
Indian Penal Code, 1860, Section 302, 307, 143, 147, 148, 324, 326, 427, 449, 149, Arms Act, 1959, Section 27(1), Explosive Substances Act, 1908, Section 3(a), 4(a)(i) -- Murder - Identification of accused - Incident is of the year 2006 and accused arrested in the year 2008 - Identification parade of accused not held and accused was shown to witnesses by police -..........
Indian Penal Code, 1860, Section 302, 307, 143, 147, 148, 324, 326, 427, 449, 149, Arms Act, 1959, Section 27(1), Explosive Substances Act, 1908, Section 3(a), 4(a)(i) -- Murder - Recovery of iron rod - Recovery effected after about 2 years and 2 months from the incident - Said iron rod also had blood stains as per prosecution - However it is difficult to believe as to how..........
Indian Penal Code, 1860, Section 302, 307, 143, 147, 148, 324, 326, 427, 449, 149, Arms Act, 1959, Section 27(1), Explosive Substances Act, 1908, Section 3(a), 4(a)(i) -- Murder - Identity of accused - Possibility of mistaken identity cannot be ruled out - Motive of crime is attributed only to A-1 and not to present accused - Prosecution failed to prove the case beyond..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Recovery of tainted notes from the floor - Admittedly, when the trap party entered, accused was holding the notes in his hands and on seeing trap party, he dropped the notes on the floor - Recovery of tainted currency notes from the floor has been clearly explained by prosecution - Since,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Reasonable time was not afforded to opposite party to oppose prayer made in the application for interim relief despite the fact that prayer has been made on behalf of defendant to file reply - Trial Court hastened to pass an interim order in mandatory form which in fact is pari materia to prayer as..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Land is vested with State government - No order in favour of plaintiff justifying his occupation of land - Application rightly rejected...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - When the factum of demand is not proved, complaint and subsequent recovery of amount from accused on the date of trap cannot form basis to convict accused - Accused acquitted by giving benefit of doubt...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Evidence Act, 1872, Section 114(g) -- Illegal gratification - Demand and acceptance - Adverse inference - Reason for demand of bribe is execution of eight works by PW1 - Details of works were available according to PW1 - However, such proof was not produced - Adverse inference has to be drawn against..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Genesis of demand is the completion of eight works which were entrusted to PW1 and outstanding to be paid for said works - However, details of said eight works for which amount was pending were not provided by PW1 nor investigated by PW8 - Officials examined..........
