Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Recovery of tainted money - Whether sufficient to prove guilt of accused? - Held, mere recovery of tainted money from accused officer divorced from circumstances is not sufficient to prove case of prosecution - Trial Court cannot be said to have taken a perverse view in accepting same as well as..........
Indian Penal Code, 1860, Section 326, 324, Criminal Procedure Code, 1973, Section 320 -- Voluntarily causing grievous hurt - Offence u/s 326 may not be compoundable even with permission of Court - Offence u/s 324 IPC could be a compounded with permission of trial Court or of this court also in light of provisions of S.320(6) Cr.P.C. as parties have to be allowed by..........
Indian Penal Code, 1860, Section 395, 450 -- Dacoity - Identification of accused - Proof of - Eye witnesses identified appellant as one of assailants for first time in Court at time of trial after 7 years of occurrence - No test identification parade conducted in respect of appellant - Held, in absence of any such test identification parade, identification of appellant..........
Indian Penal Code, 1860, Ss307, 34, Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Quantum of sentence - Twenty injuries found on person of victim - Nine injuries were grievous - Injuries attributed to accused are on non-vital part - Held, Court cannot ignore fact that nine grievous injuries are sufficient to cause death in ordinary course of nature -..........
Negotiable Instruments Act, 1881, Section 138,147 -- Dishonour of cheque - Compounding of offence - Entire amount involved deposited in Court during pendency of case - Complainant does not want to prosecute further - Held, to meet ends of justice offence allowed to be compounded - Complainant permitted to withdraw money deposited in trial Court...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Perverse findings of fact - Interference with - Held, though, essential requirement for entertaining second appeal is involvement of substantial question of law, High Court while exercising its jurisdiction u/s 100 of CPC can interfere with findings of fact, if such findings recorded by trial Court are either not..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Entitlement - Highly reliable and convincing evidence adduced by plaintiffs in proof of their title in respect of schedule mentioned site - Defendant had admitted specifically in his evidence that property belonging to him is different - Held, law is well settled that if there is any inconsistency between..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7, Limitation Act, 1963, Section 5 -- Suit for possession and declaration - Ex parte order - Condonation of delay - Application for setting aside ex-parte order has been moved by petitioners after about 11 months of passing of impugned order - Previous counsel who neither appeared nor informed petitioners regarding the..........
Criminal Procedure Code, 1973, Section 218,219,482 -- Inherent powers of High Court - Charges framed against accused in violation of S.218 of Code - Joint trial ordered against two different sets of accused - Held, High Court in exercise of inherent powers, can interfere when charges are erroneously framed - Further held, for every distinct offence separate charges shall..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21(b) -- Recovery of 175 grams of smack powder - Seized substance deposited in Malkhana after two months of seizure and there was no explanation where it was kept during all this period - Delay of six days in depositing sample with FSL and no explanation as to how sample was handled during this period -..........
