Service -- Appointment - Appointment by Managing committee constituted on 15.12.1992 and appointment on 14.05.1994 during the time when a stay order granted by High Court in favour of Managing Committee constituted on 15.12.1992 was continuing - Appointment of appellant by Managing Committee thus, cannot be labeled illegal per se nor termed void ab initio - He continued..........
Service -- Appointment - Appointment by Managing committee constituted on 15.12.1992 and appointment on 14.05.1994 during the time when a stay order granted by High Court in favour of Managing Committee constituted on 15.12.1992 was continuing - Appointment of appellant by Managing Committee thus, cannot be labeled illegal per se nor termed void ab initio - He continued..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission not unequivocal and absolute to pave way for a judgment on admission - Judgment on admission is erroneous and illegal...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(a), Indian Penal Code, 1860, Section 468, 34 -- Illegal gratification - Merely because Sub-Registrar permitted a document to be registered for higher value than guideline value per se cannot be an illegal act or misconduct - Variations in the value of document advantageous to Government unless and until, it is proved to..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(a), Indian Penal Code, 1860, Section 468, 34 -- Illegal gratification - When it is not an offence to purchase a property for a value higher than guideline value and when it is not an offence to accept such document for registration without resorting to S.47-A of Stamp Act, conviction and sentence imposed on accused is..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Mere possession and recovery of currency notes from accused without proof of demand will not bring guilt of an offence...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Complainant had turned hostile and shadow witness has not stated about demand made by accused in his presence - There is no clear and convincing evidence on record to show that accused had demanded and accepted bribe amount of Rs.500 from complainant -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-formulation of substantial question of law renders proceedings patently illegal...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Death of complainant or non-availability of complainant at the time of trial cannot be said to be fatal to case of prosecution, nor could it be said to be a ground to acquit accused - It is always open for prosecution to prove contents of complaint and other facts in issue by leading..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Accused in his explanation u/s 313 Cr.P.C had accepted receipt of alleged amount - However, defence taken by accused that acceptance of tainted currency by him was towards Audit fees of Society was not proved by him - Pre-trap and post-trap proceedings were..........
