Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(3) -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Grant of leave to prosecute should not be as a matter of routine, but should be on just and equitable basis, when materials reveal that Court below has not appreciated the materials in proper perspective...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Sanction order gives the details of complainant's case in brief and also that accused was trapped - Test on both the hands turning positive and recovery of tainted currency from possession of accused is also stated in the sanction order - Sanctioning authority had granted the sanction after..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Allegation that accused demanded Rs.1600 from complainant for admitting his mother in Hospital for operation - However, accused stated that said amount was used for purchasing medicines and part of amount has to be paid to anesthetist - PW9/District Co-coordinator of hospital had..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Bail during pendency of appeal against conviction - Contraband - Provision of S.52-A of NDPS Act were not complied with - Without expressing on the final merits of appeal, bail granted to accused...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Wife filed suit for dissolution of marriage - Husband by filing counter claim claimed divorce on ground of cruelty and desertion - Counter claim filed subsequent to filing of written statement - Issues were not yet framed - Under S.23-A of Hindu Marriage Act, husband had statutory right to file counter claim -..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Dispute between employer and employee - Relief claimed by plaintiff covered under Industrial Dispute Act - Civil Court has no jurisdiction to adjudicate said dispute and plaintiff was required to file appropriate proceedings before Labour Court under appropriate provisions...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Demand and acceptance - Proof of demand is sine qua non to establish the offence in question - Mere recovery of money itself is not sufficient to establish guilt of accused...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Demand and acceptance - Allegation that accused demanded the amount by making gesture, but the exact gesture was not narrated by complainant - Neither prior demand by accused is proved nor demand on the day of trap is proved, as no independent witness is examined to corroborate the version - Evidence of..........
Prevention of Corruption (Amendment) Act, 2018, Section 2(d), 7 -- Undue advantage - Public servant receiving money to process even a routine application comes under definition of `undue advantage' to constitute the offences...........
Prevention of Corruption (Amendment) Act, 2018, Section 7(a), 7(A) -- Illegal gratification - Allegation levelled against accused in the prosecution records discloses the offences alleged against accused - Correctness or otherwise of allegations levelled in the final report is a matter to be tested during the course of investigation - Petition for quashing dismissed...........
