Criminal Procedure Code, 1973, Section 378(3), Limitation Act, 1963, Section 5 -- Condonation of delay - Leave to appeal - Delay of 57 days - Sufficient cause - Should be considered with pragmatism in justice-oriented approach rather than the technical detection of sufficient cause for explaining every day's delay - Order of High Court refusing to condone delay by holding..........
Immoral Traffic (Prevention) Act, 1956, Section S.5(1)(a), 5(1)(a)(c), 5(1)(a)(d) -- There need be an offering of a female for promiscuous sexual intercourse for hire - If a person causes or induces another to carry on prostitution, offence under S.5(1)(d) is committed...........
Prevention of Corruption Act, 1947, Section 5(2), 5(1)(e), 6(1)(c) -- Acquiring assets disproportionate to known sources of income - Sanction for prosecution - When sanction itself is very expressive then argument that particular material was not properly placed before authority and authority did not apply its mind becomes unsustainable - However, when sanction order does..........
Civil Procedure Code, 1908, Order 26, Rule 1, 5, 15 -- Witness - Examination by Commission - Witness busy in the month of March and cannot attend Court - Not sufficient reason to appoint Commission - Application rightly rejected...........
Indian Penal Code, 1860, Section 411, 120B, Prevention of Corruption Act, 1988, Section 5(2) -- Illegal gratification, criminal breach of trust and criminal conspiracy - In conspiracy with others misappropriation of cement bags of Govt. for personal gains - Witness not supporting earlier version of complainant - Driver and cleaner of truck not supporting prosecution case -..........
Prevention of Corruption Act, 1947, Section 5(i)(e), 5(2) -- Possessing assets disproportionate to known sources of income - Conviction - Appeal against - Appeal remained pending for 15 years - Sentence reduced from 15 months to one year...........
Telegraph Act, 1885, Section 5(2) -- Tapping of telephone of public servant - Sanction to tap telephone obtained from Home Secretary - Tapping completed within a period of two months - Review is not at all required when tapping is completed within a period of two months ...........
Information Technology Act, 2000, Section 67, Indecent Representation of Women (Protection) Act, 1986, Section 6, Immoral Traffic (Prevention) Act, 1956, Section 5, 6, Criminal Procedure Code, 1973, Section 407, 409 -- Offence relating to exploitation of certain men and women for the purpose of making pornographic photos and videos in various acts of sexual intercourse -..........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Hindu Marriage Act, 1955, Section 5, 7 -- Maintenance - Failure to prove status as wife - Living together for a year does not confer the status of a legally married wife - Held, petitioner is not entitled to maintenance...........
Hindu Marriage Act, 1955, Section 25 & 11 r, w, 5 -- Marriage declared as null and void u/s 11 r/w S.5(1) - Maintenance after passing of such a decree - Expression `at the time of passing of any decree' used in S.25 of the Act means all kinds of decrees such as restitution of conjugal rights u/s 9, judicial separation u/s 10, declaring marriage as null and void u/s 11,..........
