Criminal Procedure Code, 1973, Section 319, 227 -- Summoning of additional accused - Accused added u/s 319 Cr.P.C. is not entitled to seek discharge u/s 227 Cr.P.C. - However, such accused is entitled to invoke remedy under law against an illegal or improper exercise of power u/s 319, but cannot have the effect of the order undone by seeking a discharge u/s 227 of Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, 397, Arms Act, 1959, Section 25(1B)(a), (f) -- Inherent jurisdiction of High Court - High Court quashing charge sheet u/s.482 Cr.P.C. - Legality - Accused persons/crew members allegedly possessing unlicensed and unauthorized arms/ammunition on vessel - Material questions involved in instant case could be answered only with aid of..........
Prevention of Corruption Act, 1988, Section 7, 13, 20 -- Illegal gratification - Appeal against conviction - Accused, Asst. Labour Commissioner allegedly received bribe from complainant to issue license - Statement of complainant and evidence of panch witnesses consistently establishing basic ingredients of demand and acceptance - Tainted currency also found from accused -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Sub-letting - Where sub-tenants themselves admitted that they have been inducted as tenants by original tenants and not by landlady, therefore they would sink and swim with original tenant - As sub-tenants enjoying possession of demised premises not with the consent of landlady but by an illegal design..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Trap case - Where prosecution is based on a trap, it must be the concern of Court to examine the whole materials, and find whether trap is a genuine trap arranged by police on a genuine complaint or whether it is a vicious trap which police happened to make on a mischievous complaint..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Trap case - A trap for a trap at the instigation, or at instances of somebody who is interested in such a trap, or who is for his own reasons, interested to see that a particular public servant is trapped, cannot be said to be a genuine or legitimate trap - Such a trap is a vicious..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Merely on the basis of recovery of phenolphthalein tainted currency alone, accused cannot be found guilty - Evidence of PW7 DSP is only regarding recovery of currency from the consulting room of doctor - Such evidence would have only supportive value - There must be some direct and..........
Criminal Procedure Code, 1973, Section 156(3) -- Investigation - Offences u/ss 420, 468, 447, 474, 466, 166, 120-B, 34 IPC - Locus standi of complainant to file proceedings u/s 156(3) Cr.P.C. - Allegation that accused passed the illegal orders for regularization of constructions made by Trust on alleged open spaces in housing colony in violation of rules and regulations -..........
Examination -- Use of unfair means and malpractices - Cancellation - Deep rooted conspiracy of a gang of persons who with the aid of electronic devices supplied answer keys to beneficiary candidates - Investigation discloses that pre-mediated design and benefit has been extended on monetary consideration - Though 44 candidates have been identified but the benefit of..........
Prevention of Corruption Act, 1988, Section 12 -- Abetment - Mere offer to give illegal gratification without there being demand and acceptance of the amount - Prosecution u/s 12 of the Act, as a case of abetment is not possible...........
