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..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - A transfer pendete lite is not illegal ipso jure but remains subservient to pending litigation...........
Indian Penal Code, 1860, Section 417, 109, Criminal Procedure Code, 1973, Section 482 -- Cheating - False promise of marriage - Complaint against parents of boy - In complaint there is no act or conduct on the part of appellants which can be termed to be illegal per se much less criminal in nature - Main allegations are against son of appellants - No ingredients of any..........
Transfer of Property Act, 1882, Section 54 -- Sale - Attachment of property - Sale of subject property pending order of attachment is void only as against the claims enforceable under the order of said attachment and not in respect of other claims - Sale of property attached cannot be construed as illegal sale...........
Criminal trial -- Bail - Arrest vitiated as accused not produced before Magistrate within 24 hours of arrest - When arrest is illegal or is vitiated, bail cannot be denied...........
