Criminal Procedure Code, 1973, Section 97, Indian Penal Code, 1860, Section 342 -- Search warrant - Wrongful confinement - When custody of minor children are with their father, unless there was material to show that custody was illegal or in violation to some order passed by Court, it cannot be considered or treated as illegal confinement or wrongful custody so as to..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Framing of charge - Allegation in charge sheet that quarry license to co-accused was given by accused in furtherance of object and purpose of illegally benefiting co-accused - Further accused permitted co-accused to indulge in unauthorized mining over larger area than that granted to him..........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death and cruelty - There is sufficient evidence on record to show that deceased was assaulted and tortured in different ways during her short stay in her matrimonial home by her husband and other close relations of her husband for the fulfillment of their illegal demand - Trial Court wrongly misread the evidence and..........
Specific Relief Act, 1963, Section 34, 39 -- Suit for declaration and mandatory injunction - Auction - Highest bid - Bid never accepted by concerned authorities - There was no concluded contract - Merely on the granting the declaration that rejection was illegal and arbitrary and by incompetent authority, further relief of mandatory injunction could not have been granted -..........
Illegal detention -- State to pay compensation of Rs.1 lakh - Accused arrested inspite of the fact that no case was made out from the statement recorded u/ss 161 and 164 Cr.P.C. - Award of compensation of Rs.1 lakh will have no effect on availing other available legal remedies...........
Criminal Procedure Code, 1973, Section 340, 195 -- Procedure - Letters Patents Appeal - Matrimonial dispute - Single Judge of High Court while appreciating entire material and evidence on file formed opinion not to take action considering that dispute between parties arising out of matrimonial dispute and dismissed petition - Letter Patent is correctional remedy - An..........
Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 120-B IPC - Illegal gratification for purpose of exchange of land - There is no evidence on record to show that petitioner has meeting with the Collector who passed the order or that present petitioner approached Collector to secure order in his favour..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused being a doctor demanded Rs.1000 from complainant to carry out her surgery - Crucial evidence as to demand and acceptance of bribe amount by accused is consistent - Minor inconsistency in the evidence of PWs would not matter at all - More so, complainant was not verbally..........
Indian Penal Code, 1860, Section 409 -- Compliant u/s 409 IPC - Locus standi - Criminal law can be set in motion by anybody - Prosecution initiated by CBI on behalf of Railway Authorities is thus, justifiable - Moreover, public money is involved in a case, if any illegal transaction takes place, accused is reaping fruits of such money for unlawful gain, then it amounts to..........
National Food Security Act, 2013, Section 2(4), 2(23), 12(2)(e), Essential Commodities Act, 1955, Section 3 - - PDS items - Allotment - Preference regarding appointment of private retailers - Private retailers not having right in matter of distribution of PDS items after coming into force of 2016 Order - Thus, allotment of PDS items in favour of private retailers merely..........
