Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 120B, 109 -- Offence u/ss 13(1)(e), 13(2) of the Act and Ss.120-B, 109 IPC - Accused was not a public officer or public servant - He cannot therefore be charged with committing an offence u/ss 13(1)(e), 13(2) of P.C. Act - Only material put against accused is that sale deed was..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Application filed u/s 311 Cr.P.C. on behalf of complainant seeking his recall and re-examination has been dismissed - In present case, complainant who seeks to re-examine himself to bring on record documents which were admitted by him during..........
Criminal Procedure Code, 1973, Section 482, 209, 465, Mines and Minerals (Regulation and Development) Act, 1957, Section 21, 23, 4(1) -- Cognizance of offence - Allegations of illegal export of iron ore - Plea of appellant that he could not be charged with offences under MMDR Act and charge sheet also did not ascribe any role to him - As per charge sheet appellant was..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay order - Single judge while granting stay order neither discussed existence of a prima facie case in favour of petitioner, nor discussed balance of convenience, nor discussed irreparable loss that would be caused to petitioner in case stay was not granted by Court - Impugned order is a non-speaking order - Impugned..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Defendants by playing fraud on basis of registered power of attorney executed sale deed in their own name - Suit land is ancestral property of plaintiffs - Prima facie case is in favour of plaintiffs - Trial Court after considering all aspects, balance of convenience and irreparable..........
Vigilance Manual, 2008, Rule 3.16 -- Scope of Preliminary Enquiry - Criminal conspiracy of misappropriation of funds by purchases of sub-standard medical kits - It is submitted that the High Court rightly observed that under the pretext of Preliminary Enquiry (PE), the investigating agency cannot go in detail and verify the veracity of the complaint before registration of..........
Vigilance Manual, 2008, Rule 3.16 -- Delay in conducting the Preliminary Enquiry - Merely because some more time is taken in conducting Preliminary Enquiry before registering FIR the entire criminal proceedings cannot be quashed - There shall not be any prejudice caused to accused at the stage of holding Preliminary Enquiry which shall only be for the purpose of satisfying..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Prima facie plaintiff was not vigilant with regard to his right to enforce sale agreement - Plaintiff approached the trial Court after a lapse of 7 years from date of execution of registered sale deed in favour of subsequent purchaser - Plaintiff failed to make out a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 25, 37, Criminal Procedure Code, 1973, Section 439 -- Transportation of 209.700 kg Ganja - Conscious possession - Bail - Drugs were transported together by accused in a car and lorry with the help and assistance of A-6 after procuring it from him - Prima facie record reveals that both the vehicles..........
Family Courts Act, 1984, Section 7(d) -- Muslim Law - Extra judicial divorce - Guidelines issued to Family Court in a petition filed u/s 7(d) of the Act to endorse extra judicial Divorce under Muslim Personal law and to declare the marital status of parties to marriage viz. : (i) on receipt of petition, Family Court shall issue notice to respondent; (ii) After service of..........
