Prevention of Corruption Act, 1988, Section 7, 13(1)(a), 13(2) -- Illegal gratification - Accused being Medical Officer demanded and accepted Rs.8200 from complainant for treatment of his wife and Rs.1100 from `S' for treatment of his father - Time gap between alleged payments made in 1993-94 and FIR registered in the year 1997 was taken into consideration by trial Court -..........
Negotiable Instruments Act, 1881, Section 138, 146, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheque return memo - Quashing of complaint - Plea that photocopy of cheque return memo filed and original not filed and secondly cheque return memo is without bank seal - Neither S.138 nor S.146 of NI Act prescribes any particular form of cheque return..........
Civil Procedure Code, 1908, Section 9, Punjab Village Common Lands (Regulation) Act, 1961, Section 13(b), Punjab Land Revenue Act, 1887, Section 45 -- Jurisdiction of civil Court - Suit for declaration challenging mutation entry being wrong, illegal, void and nullity and not binding on the rights of plaintiffs/proprietors of the village - It is S.13-B of Act of 1961 which..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Sanction granted and draft to grant sanction are ad verbatim - Managing Director without any application of mind accepted request of Superintendent of Police ACB to grant prosecution sanction against accused which is contrary to requirement and object of S.19 of the Act - Sanction granted for..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Court Fees Act, 1870, Section 7(iv)(c) -- Counter claim - Court fee - Counter claim for declaration that agreement to sell, executed by power of attorney holder, is illegal, null and void - Infact the relief sought is for cancellation of agreement to sell - Merely by terming the counter claim as suit for declaration, defendant..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 25, Criminal Procedure Code, 1973, Section 439 -- Recovery of 750 gms opium/afeem - Bail - Non-compliance of mandatory provision of the Act - Cannot be looked into at this stage for grant of bail unless there is any glaring irregularity which will make the seizure itself illegal...........
Civil Procedure Code, 1908, Section 9, Maharashtra Housing and Area Development Act, 1976, Section 71, 177 -- Jurisdiction of civil Court - Plaintiff instituted suit for injunction as her easements were infringed by illegal construction which defendant had erected on the open space - Relief claimed in the suit beyond scope of Act of 1976 - Suit is maintainable before civil..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Neither there is any record to establish that demand was made by accused nor money was accepted by accused - No material on record to substantiate allegations made in complaint to bring case of prosecution within ambit of S.7(a), (b), (c) of the Act - Accused rightly acquitted...........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Acquittal - Absence of any proof with regard to demand and acceptance of illegal gratification - No case is made out for grant to appeal - Accused rightly acquitted...........
Prevention of Corruption Act, 1988, Section 7, 20 -- Illegal gratification - Demand of illegal gratification is sine qua non to constitute offence u/s 7 of the Act - In absence of such a demand presumption u/s 20 of the Act cannot be made against accused...........
