Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 3A, 5 -- Allotment of flats to in service employees - Merely because respondents deposited some money with Board for allotment of flats in their personal capacity, no right accrued in their favour to remain in occupation of flats, after they ceased to be in employment of University, particularly when..........
Allotment of Houses -- Public property - U, lawful possession of public property without having paid for same tantamounts to unjust enrichment and is against public interest...........
Allotment of Houses -- Cancellation - Default in payment - Allotment of house by GDA - Alottee continued for over 14 long years of unauthorized possession of property - Alottee not only fall foul of terms and conditions envisaged under allotment letter issued under hire purchase scheme but also shows that she approached Court with unclean hands - Eviction sought pursuant..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 285 kgs ganja - Search and seizure - Non-joining of independent witness - Merely because independent public witness did not join investigation, prosecution case cannot be doubted...........
Indian Penal Code, 1860, Section 302 -- Murder of father - Circumstantial evidence - Benefit of doubt - Death caused by cutting of throat - Case of prosecution that there was a fight over property not convincing - No attempt made by police to associate any member of public to the arrest of appellant - Recovery of knife at instance of appellant is unbelievable - Testimony..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - When an agreement is entered into by wife and husband, as a part of compromise filed in the Court or otherwise, whereby wife relinquishes or waives right to claim maintenance in future from the husband, for herself or for the minor children, such an agreement is opposed to public policy and it does not preclude..........
Prevention of Corruption Act, 1988, Section 13(1)(C), 13(2), 67, Indian Penal Code, 1860, Section 409, 477A -- Misappropriation of public money - Confessional statement of accused - Though confession was made before PW3 and PW2 by accused, but no question was put to PW3 and PW2 that extra judicial confession was an outcome of any threat, inducement or allurement -..........
Prevention of Corruption Act, 1988, Section 13(1)(C), 13(2), Indian Penal Code, 1860, Section 409, 477A -- Misappropriation of public money - Reduction of sentence - Occurrence was of the year 1992-94 - Considering passage of time and facts and circumstance of case, sentence of imprisonment imposed on accused reduced to three years u/s 409 IPC - However, conviction u/ss..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Offence u/s 332, 353 IPC - Students demonstrated before office of Vice-Chancellor - Accused held collar of a teacher - Teacher willing to forgive student - Question whether a teacher standing in front of office of Vice-Chancellor is public servant or not, not adjudicated - FIR quashed...........
Interpretation of Statutes -- Mandatory provision - Law requires strict compliance but there are situations where even if a provision is mandatory, no, compliance would not result in nullification of act - There are certain exceptions - One such exception is, if a certain requirement or condition is provided in a statute for benefit or interest of a particular person,..........
