Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused being Patwari demanded Rs.350 for expenses incurred on preparation of documents for partition - He was not demanding money as bribe - Statements of PWs disbelieved by Court - Receiving of Rs.350 and recovery thereof ipso facto is not sufficient proof of demand - Prosecution..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 10.250 kgs Ganja - Sample - No evidence on record which may unambiguously establish fact that recovered substance was kept at Malkhana though was sealed but same was conveyed in safe and intact position from Malkhana upto Court - No Malkhana register was produced before Court during trial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 10.250 kgs Ganja - Weighment of contraband - Recovered contraband though not weighed physically on the spot, but was told to be 10.250 kgs in weight and so believed by police party - However, weight found to be 5.250 kg while opened in Court - Actual contraband recovered from accused on the..........
Indian Penal Code, 1860, Section 302, 304B -- Alternative charge - A person cannot be convicted both u/s 302 as well as 304-B IPC - If charge u/s 304-B IPC fails, Court can proceed to examine if charge u/s 302 IPC would stick and that is why it has been suggested that it should be framed as an alternative charge...........
Civil Procedure Code, 1908, Section 96 -- Dismissal of appeal "as not pressed" - Right of appeal is a valuable right of a litigant - He is entitled to prosecute this right as it enables him to seek adjudication of issues on merits, which are subject matter of appeal by Appellate Court - Appellant can, however, forgo such right but it has to be done with express authority..........
Civil Procedure Code, 1908, Section 96 -- Dismissal of appeal "as not pressed" - Neither there was any express prayer made by appellant and nor it could be inferred from document relied on by Division Bench at the instance of respondents for forming an opinion "not to press the appeal" - Opinion formed by High Court for dismissing appeals "as not pressed" had no basis -..........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - Revisional jurisdiction of High Court is very limited and same is not akin to appellate jurisdiction - Revisional jurisdiction can be exercised when it is noticed by Court that subordinate Court has exercised jurisdiction not vested in it by law or failed to exercise jurisdiction so vested or has acted in..........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - Concurrent findings - Appreciation of evidence - Suit for recovery of money - Trial Court clothed with jurisdiction to try the suit decreed the suit on appreciation of evidence - Subsequently, appellate Court also examined the matter de novo and fully concurred with the findings and conclusions of trial..........
Succession Act, 1925, Section 384, 371, 372 -- Succession certificate - Validity - At the time of death, deceased/daughter of petitioner living in `H' - As per S.371 of the Act application for succession certificate has to be moved before Court within jurisdiction of which deceased ordinarily resided at the time of her death or any part of the property is found -..........
Constitution of India, 1950, Article 227, Succession Act, 1925, Section 384, 383 -- Succession certificate - Grant of - Revocation of grant of succession certificate - Power u/s 383 of the Act is discretionary and is granted by Court of competent jurisdiction - Merely because such applications are filed, cannot be an impediment to exercise jurisdiction u/art.227 of..........
