Indian Penal Code, 1860, Section 120B -- Offence u/s 120-B IPC - No agreement by petitioner and co-accused are alleged to have been made to commit any illegal act - Ingredients of S.120-B IPC are not fulfilled...........
Criminal Procedure Code, 1973, Section 46(4), 60A -- Arrest of a woman after sunset - Prior permission of Magistrate was not obtained by investigating agency - Petitioner/woman was granted bail in the earlier offences - It was not acceptable that investigating agency was unaware about whereabouts of petitioner - It was very much possible for investigating agency to have..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Illegal gratification - Non-cooperation in investigation must be interpreted with precision and cannot be equated with the failure of accused to disclose information about his alleged accomplices or for facilitating the recovery of bribe money...........
Service -- Regularization - Part-time or contractual employee - Long and uninterrupted service of an employee for the periods extending well beyond ten years, cannot be brushed aside merely by labelling their initial appointments as part-time or contractual - Essence of their employment must be considered in the light of their sustained contribution, the integral nature of..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is illegal, null and void - Petitioner though sought suit for declaration but in fact he is seeking cancellation of sale deed to which petitioner is a party along with other co-sharers - Petitioner is thus, required to pay ad valorem Court fee on the consideration stated in the..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Demand and acceptance - Presumption - S.20 of the Act would come into operation only when there is no nexus between the demand and the action performed or sought to be performed - But, when the fact of receipt of payment or an agreement to receive the gratification stands proved,..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Evidence of PW1 to PW3 r/w evidence of PW4 and PW5 along I.Os who supported the case of prosecution in entirety about demand and acceptance of bribe amount and also recovery of same from possession of respondent - Respondent had received or accepted currency..........
Custody of child -- Writ of habeas corpus - Maintainability - Child was recovered from toilet in a running train - Said child was an abandoned child and is in the custody of Child Welfare Committee - Custody of child with the government is in accordance with law and child is not under illegal detention - Habeas Corpus petition not maintainable...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 174 -- Non-cognizable offence - FIR can be registered only after getting an appropriate order from Magistrate, who is having power to try such a case - In the absence of the same, very registration of FIR is illegal...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Evidence on record shows that there is acceptance of demanded bribe by petitioner via co-accused - Agreement between two to do some illegal act is prima facie there - It would be subject matter of trial whether only direct acceptance would constitute the..........
