Prevention of Corruption Act, 1988, Section 7, 12, 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B -- Illegal gratification - Discharge - Charge sheet contains no allegation against accused to connect him with payment - Except for the bald allegation of participation in alleged conspiracy without giving any details of conspiracy, accused has been roped in the charge..........
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Section 30, 24 -- Power to search and seize records - Offence u/s 23 of the Act - Condition precedent for the search of a clinic is that Appropriate Authority must have reason to believe that an offence under the Act has been or is being committed - In the instant case, there is no..........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant proceeded ex parte - Application to strike out defence - Notwithstanding an order passed earlier to proceed ex parte, while deciding an application for striking out defence, it was duty of Court to give an opportunity of being heard to the defendants - However, that was not done - Order striking out defendants'..........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant proceeded ex parte - Preponing the date - When defendant had appeared in the suit, act of preponing the date without notice to them or their Advocate was completely illegal and contrary to elementary principles of natural justice...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit was decreed ex parte without giving proper opportunity to defendants to defend themselves - Conduct of suit proceedings and the manner in which ex parte decree was passed is illegal - Ex parte decree set aside with directions...........
Divorce Act, 1869, Section 10(1)(i)(x), 11 -- Divorce - Adultery - Petition by husband - Medical evidence in the form of DNA report proved that after marriage wife had illegal intimacy with another man - Report of DNA was neither disputed nor challenged by wife - Husband thus, proved that wife was leading an adulterous life - Divorce granted to husband...........
Indian Penal Code, 1860, Section 153 -- Offence u/s 153 IPC - Permission not obtained from any organization to put up a poster - It is an illegal act - Removal of an illegal poster is not an illegal act, the main ingredient of S.153 of the Code, though ideally petitioner ought to have approached the law enforcement agencies, instead of tearing it by himself...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Person from whom accused demanded illegal gratification was not examined before trial Court, as he could not be traced during the trial - In the absence of said person, factum of demand which is sine qua non of offence u/s 7 of the Act is not proved beyond..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Illegal encroachment made by defendant on the street in question - Power exercised by Trial Court by appointing Kanungo Incharge of area as Local Commissioner cannot be stated to be illegal, perverse or against law, as report which will be submitted by Local Commissioner would assist the Court in properly..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Demand was for Rs.10,000 but PW1 arranged the amount of Rs.5,000/- which was placed on the table - Appellant did not handle the amount - No explanation given as to why Rs.5,000 was accepted when demand was for Rs.10,000/- - Version given by appellant at the..........
