Prevention of Money Laundering Act, 2002, Section 45, 65, 71, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Even a person who is not a public servant can be prosecuted under PC Act if such person held property of public servant, which public servant acquired disproportionate to known sources of income...........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 45, 65, 71 -- Bail - Non-compliance of S.45 of PML Act - Conditions u/s 45 of PML Act are mandatory in nature and needs to be complied with - Compliance of S.45 of PML Act should be insisted upon by High Court while considering application u/s 439 Cr.P.C...........
Civil Procedure Code, 1908, Section 60(1) -- Execution - Attachment of salary - Exemption - Salary attached in execution of decree for money during period exceeding 24 months does not lose its nature or character and enjoys statutory exemption - Decree holder has no right over that part of amount exempted from attachment of salary and it does not form part of decree debt...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Educated and capable of earning spouse cannot be permitted to remain idle or without doing any work, only to extract money in form of maintenance from another spouse...........
Civil Procedure Code, 1908, Section 64 -- Private alienation of property - S.64 CPC has no application in the suit of recovery of money, where the transfer effected over immovable property is prior to attachment before judgment...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Capacity to advance loan - No particulars have been given by complainant as to on which date, month or year the money was given on which this liability arose - Even, there is no document to show this transaction - Moreover, accused had not denied issuance of cheque rather..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Complaint u/s 138 of the Act - Appeal against acquittal - Presumption - As per complainant, he advanced money to accused and filed complaint against him on account of dishonour of cheque - Complainant failed to show any income and expenditure record available with him - Complainant failed to..........
Limitation Act, 1963, Article 113, 18, 55 -- Limitation - Recovery of money claimed under a contract - Date of final payment is crucial for determination of period of limitation dehors the correspondences exchanged between parties after date of final payment - However, where plaintiff after payment of final bill reiterates its claim for additional payment on different..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Recovery suit - Amendment sought for incorporating a prayer to declare that conveyance made by defendant in favour of her daughter, who is not a party to suit, is a fraudulent transfer, intended to defeat the creditors - Suit filed by plaintiff is in her personal capacity - It is not a suit either filed..........
Criminal Procedure Code, 1973, Section 482 -- Transfer of case to CBI - Police encounter - Matter pending for the last 13 years for seeking transfer of case - If investigation is transferred to CBI at this time and investigation is commenced afresh, it would offend fair and speedy investigation guaranteed u/art 21 of Constitution - However, petitioners spent their valuable..........
