Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Vague evidence on record as to for whom accused demanded money and whether person for whom accused demanded and received money is a public servant - In absence of convincing evidence to show that accused had received money from PW4 to induce a public servant to get confirmation of ticket for airplane,..........
Service -- Post of Assistant Engineer - Appointment without consultation with Uttar Pradesh Public Service Commission (UPPSC) - Regular process was not undertaken in appointment and a stop gap arrangement was made both in terms of promotees and direct appointees - Consultation of UPPSC to the post in case of promotes was mandatory but was not done - This is an irregularity..........
Indian Penal Code, 1860, Section 307, 149, Arms Act, 1959, Section 25 -- Police encounter case - Gunshot - Absence of independent corroboration - Presence of public witness is not always necessary, but looking to surrounding and attendant circumstances and facts of case, it was expected from raiding party to have called at least some person to stand witness - Weapons i.e..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 451, 353, 186, 189, 506, Prevention of Damage to Public Property Act, 1984, Section 3 -- Bail - Offence u/ss 451, 353, 186, 189, 506 IPC and S.3 of 1984 Act - Doubtful that occurrence took place in the manner as claimed by investigating agency - Genuineness of allegations of second instance also..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 52 kg poppy husk - Non-joining of independent witness - Place of recovery is petrol pump, a public place - However, no independent witness was joined - Though mere no, joining of independent witness is not fatal to prosecution version under NDPS Act - But in peculiar circumstances of case, when..........
Criminal Procedure Code, 1973, Section 156 -- Direction to CBI to convert preliminary enquiry into FIR - Matter regarding misuse of official position and causing loss to public exchequer - Involvement of public servants, loss of public exchequer and offences regarding national and international ramifications necessitating investigation by CBI not found in preliminary..........
Arbitration Act, 1940, Section 29 -- Award of interest - Pre-reference and pendente lite interest - Civil Judge reduced interest from 18% to 10% as awarded by Arbitrator only on the ground that ONGC is a Public Sector Undertaking - Said ground is not sufficient to reduced interest what was within Arbitrator's discretion - Even, there is no finding that discretion exercised..........
Right to Information Act, 2005, Section 8(1)(e) -- Inspection of answer sheets by examinee - Permitting a candidate to inspect answer sheet does not involve any public interest nor does it affect efficient operation of Government - However, identity of examiner cannot be disclosed for reasons of confidentiality - Appellant allowed to inspect answer sheets...........
Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - Preventive detention - Simplicitor registration of FIR by itself cannot have any nexus with breach of maintenance of public order and authority cannot have recourse under Gujarat Prevention of Anti Social Activities Act as no other relevant and cogent material exists for invoking power u/s 3(2) of the said..........
Gujarat Prevention of Anti-Social Activities Act, 1985, Section 3(2) -- Preventive detention - Offence u/ss 323, 324, 326, 354, 366, 506(2), 294B, 114 IPC - Merely because one case is registered against the detenu u/s 324 IPC and two in camera statements have been recorded of the witnesses whose identity has not been disclosed by itself does not have any bearing on..........
