Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Demand and acceptance - Twin conditions i.e. proof of demand and acceptance of illegal gratification by a public servant as a fact in issue by prosecution is a sine qua non in order to establish guilt of accused public servant u/s 7 of the Act - In order to bring accused to book, prosecution has to..........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Demand and acceptance - Trap money was recovered from drawer of co-accused - Appellant was a clerk in Bank who had neither any authority to sanction loan nor work of loan sanction was pending before him - Record reveals that no work of complainant was pending with appellant, neither on the date of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheques issued by petitioner to complainant is to clear the amount illegally accepted by his son for arranging a seat in Medial College for son of complainant - Son of complainant has also participated in the illegal act and even complainant herself is a party to immoral and illegal transaction made..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Confiscation - Confiscation of any article can be done u/s 60 of the Act when accused is convicted or acquitted or discharged - Since trial of crime in question has yet not been concluded, order of confiscation of vehicle is illegal...........
Service -- Misconduct - Forfeiture of gratuity - Where appointment itself is illegal, there is no question of terminated employee seeking fruits of his employment by way of gratuity...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising illegal construction upon land of plaintiff - Construction of wall is already over and only finishing work remained - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 102(3) -- Freezing of bank account - Failure to report the seizure to Magistrate - Non reporting of seizure u/s 102(3) Cr.P.C does not automatically vitiate seizure or make seizure illegal - Petition dismissed with direction to investigation officer to comply with provision of S.102(3) Cr.P.C...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Allegation that accused being Bill Collector demanded bribe of Rs.3000 from complainant for change of khatha in the name of complainant - Handling of tainted currency by appellant established by prosecution - Admittedly, no defence evidence placed on record nor..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Sentence - Appellant is no more and his legal representatives are only pursuing the matter, jail sentence would get extinguished on account of death of appellant - Fine amount as imposed by trial Court if not already paid needs to be paid by legal representatives of appellant...........
Constitution of India, 1950, Article 226 -- Writ petition - Remedy under Art.226 of Constitution is discretionary in nature and in a given case, even if some action or order challenged in petition is found to be illegal and invalid, High Court while exercising its extraordinary jurisdiction can refuse to upset it with a view to doing substantial justice between the..........
