Indian Penal Code, 1860, Section 307, 34 - - A-1 carrying pistol shot at PW6 at his chest which pierced through his chest - When PW7, tried to interfere, A-1 shot at PW7 too - Attempt by A-1 was with intention to teach lesson to PW6, as to why he opposed A-3 from spreading rubble in the field and there was some hot exchange between them - Injuries caused to PW6 were..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(3) -- Preventive detention - Communication of detention order to detenue - No statutory obligation on part of detaining authority to serve grounds of detention and relied upon documents on very same day of service of order of detention - Serving of detention order, grounds of..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(3) -- Preventive detention - Quashing of detention order - Relied upon documents were running into 2364 pages and fifteen detention orders were passed against various detenues - Preparation of voluminous documents was a time consuming process and it took time to serve compilation..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(3) -- Preventive detention - Grounds of detention - Subjective satisfaction - Detaining authority in detention order not specifically recorded that detenue is likely to be released - Though detaining authority recorded that detenue is in custody and his bail application is rejected..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(3) -- Preventive detention - Quashing of detention order - Smuggling of huge quantity of gold - Detaining authority recorded finding that this has serious impact on economy of nation - Based on documents and materials placed before detaining authority and considering individual..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that exchange of gifted property was illegal, null and void - Property in question donated to School vide gift deed for the benefit of students of school - Oral exchange of valuable property with u, irrigated inferior quality of banjar land situated in remote corner of village, was wholly collusive and illegal..........
Foreign Exchange Management Act, 1999, Section 16, 35, 42, 46 - - Refund of pre-deposit of penalty - Rejection of claim - Company/appellant produced material before the Court showing that steps were taken by it to realize and repatriate dues in question - However, High Court without considering said material arrived at finding that case is made out against..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d)(i)(ii), 20 -- Illegal gratification - Presumption - Accused serving as clerk in vacancy section of District Employment Exchange office allegedly demanded Rs.200 to issue call letter for job to complainant - PW1 stated that complainant gave money to accused who kept the same in his shirt pocket - However,..........
Specific Relief Act, 1963, Section 34, 38, Suits Valuation Act, 1887 - - Plaintiffs entered into written agreement with regard to exchange of suit land with land of defendants - However, defendants pleaded that suit land was mutated in their name on the basis of oral agreement - Mutation entered on the basis of oral exchange is wrong as DW1 admitted that there was no oral..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred due to trivial issue of collecting fire wood from tree - There was no prior meeting of minds between three accused or they had any common object for inflicting fatal injury to deceased - There was heated exchange of words and at the spur of moment and heat of passion, there was..........
