Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Execution - Objections - Compromise decree - Suit for redemption of mortgage and recovery of possession - JD contended that compromise decree cannot be executed being unregistered and passed by Court lacking pecuniary jurisdiction - However, no such allegations are forthcoming nor discernible from the order -..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 468 -- Misconduct - Pecuniary advantage - Abusing official position - Accused cheated complainant and his brother by dishonestly inducting them to pay money for handing over possession of shop - Possession of shop was with accused due to his official position in Revenue..........
Evidence Act, 1872, Section 3 -- Related witness and interested witness - Difference - Term related is not equivalent to interested - Witness may be called interested only when he or she derives some benefit from result of a litigation in decree in a civil case or in seeing an accused person punished - Where witness had pecuniary interest in getting accused punished, he..........
Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Preliminary issue - Issue of Court fee - Cannot be decided as preliminary issue in the absence of finding that valuation of suit has been done in such manner that valuation of suit would take it out of pecuniary jurisdiction of Court...........
Prevention of Corruption Act, 1947, Section 5(1)(c), Indian Penal Code, 1860, Section 467, 471, 477A -- Abuse of official position with intention of availing pecuniary benefits - Accused misappropriated Government money by making false documents and by making false payment to labourers by forged LTI's - However, prosecution failed to establish that accused abused their..........
Civil Procedure Code, 1908, Section 21 -- Inherent jurisdiction - Issues of territorial and pecuniary jurisdiction are not issues of lack of inherent jurisdiction because such objections can be waived as per S.21 CPC...........
Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Conviction - Offence u/s 120-B IPC and Ss.13(1)(d), 13(2) PC Act - For convicting accused u/s 120-B IPC and u/s 13(1)(d)(ii) PC Act, there must be evidence on record that accused obtained for himself or any other person any valuable thing or pecuniary advantage...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d)(i)(ii)(iii) -- Offence u/ss 13(2), 13(1)(d)(i)(ii)(iii) IPC - Allegation that wrongful loss caused to State Government by accused by making forged entry in stock register and other relevant record - However, trial Court acquitted accused for offences u/ss 420, 467, 468, 471 IPC - Fact of misappropriation of..........
Civil Procedure Code, 1908, Section 21 -- Jurisdiction - Objection - Merely because suit property is beyond the pecuniary jurisdiction of trial Court, same would have no bearing on the validity of judgment and decree passed by it, more particularly, when respondents failed to question the judgment and decree so passed on the ground that there has been prejudice on merits...........
Prevention of Corruption Act, 1988, Section 13(1)(d)(e), 13(2), Criminal Procedure Code, 1973, Section 227 -- Discharge - Illegal gratification - Mere recovery of a sum of Rs.20,000 from public servant cannot be categorized as obtaining pecuniary advantage by corrupt or illegal means, nor it is a case of abuse of his position as public servant by accused, particularly when..........
