Prevention of Corruption Act, 1988, Section 13, Finance Act, 1998, Section 95(iii) -- Government servant - Prosecution of - Immunity from prosecution under Kar Vivad Samadhan Scheme, 1988 - FIR registered and investigation commenced much prior to promulgation of scheme - Held, petitioner/accused not entitled to benefit of scheme...........
Indian Penal Code, 1860, Section 394 -- Hire Purchase agreement - Default in payment of instalments - Under the hire purchase agreement, the ownership of the vehicle vests with the finance company and therefore, repossessing the vehicle by recourse to the clause in the hire purchase agreement does not amount to an offence u/s 394 of the Code...........
Madhya Pradesh Accommodation Control Act, 1961, Section 23A(a) -- Non-residential building - Bona fide need - Eviction - Landlord's own case that suit accommodation is no, residential and it was let-out for office purpose of LIC Housing Finance Limited - Held, application of eviction which has been filed for bona fide need of landlord's sons for their residence cannot be..........
Indian Penal Code, 1860, Section 420, 427, 177, 199 -- Undertaking of not taking any loan from a bank - Loan in fact taken from LIC Housing Finance Limited - Not a loanee of any bank - Further more, the amount of loan already paid - No case of cheating or furnishing false information made out - Cognizance rightly set aside...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- 2-G Spectrum scam - Involvement of Finance Minister - Complaint made that Finance Minister colluded with Telecom Minister in fixing price of Spectrum at 2001 level - Prayer made for detailed investigation against him - Rejected - Sustainability - No materials on record to show that Finance Minister had abused..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Evidence of complainant is inconsistent with regard to date on which amount was lent to accused - Admittedly, accused was working as a teacher as on that date and if really she had issued a cheque, she would have written blanks left in said cheque with her own hand-writing -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 174, 175, Constitution of India, 1950, Article 20, Finance Act, 2008, Section 69 - - Retrospective amendment - Creation of offence - Effect of - Held, retrospective amendment by S.69 of the Finance Act, 2008 can ex-post facto ratify the acts of officers in issuing summons u/s 108 of the Customs..........
Vehicle finance -- Forcible re-possession of vehicle - Plea of the appellant-OP rightly repelled that the vehicle had been surrendered by the complainant as no documents placed on record in support of this plea - Value of the vehicle was Rs. 3,96,000/- and the same was sold for Rs. 37,000 No notice was issued to the respondent-complainant - No market value of the vehicle..........
Vehicle finance -- Forcible re - possession of vehicle by appellant - OP - For neglecting to pay the installments on due dates - 26 installments out of 36 installments already paid when the vehicle was repossessed in exercise of the right under Clause 15 of the agreement between the parties - No show cause notice given to the respondent - complainant - Police diary showed..........
Vehicle finance -- Forcible re - possession of vehicle by appellant - OP - For neglecting to pay the installments on due dates - 26 installments out of 36 installments already paid when the vehicle was repossessed in exercise of the right under Clause 15 of the agreement between the parties - No show cause notice given to the respondent - complainant - Police diary showed..........
