Practice and Procedure -- Mere - fact that ample documentary evidence is not available with the State today for valid reasons, it cannot be held that what was valid when done, must be pronounced as illegal today...........
Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, Section 2(b), 2(2), 3(1)(c), 7(3), 19, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Forfeiture of illegal acquired property under SAFEMA by Govt. - Rights of bona fide tenant will not stand automatically terminated by forefeiture of property..........
Evidence Act, 1872, Section 126 -- Fiduciary relationship - Nothing in Section is protected from disclose relating to any such communication made in furtherance of any illegal purpose; any fact observed by any barrister, pleader, attorney or vakil in course of his employment as such, showing that any crime or fraud has been committed since commencement of his employment -..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of widow of deceased defendant - Suit for demolition, permanent injunction and other consequential reliefs - Widow of deceased defendant is a necessary party, particularly when it was she who carried out the encroachment extension over suit property as alleged by plaintiff - Application for impleadment of widow..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Proof of demand is an indispensable essentiality and of permeating mandate for an offence u/ss 7, 13 of the Act...........
Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7, 8, 10, 12, 13(2), 13(1)(d) -- Criminal Conspiracy - Illegal gratification - Quashing of charge - Prosecution failed to prove guilt of accused - There is no material evidence on record in order to bring home the charge of conspiracy against accused - No direct or circumstantial evidence to..........
Constitution of India, 1950, Article 226 -- Writ - Habeas corpus - Illegal detention - Court has not put any stamp on validity of marriage between petitioner and detenue - Alleged detenue is living with her parents, it does not mean that she is in their illegal custody...........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Non-payment of enhanced rent - Failure of tenant to pay enhanced rent within six months from the date of its accrual as agreed between parties, would terminate the tenancy - Termination of tenancy, held, not illegal...........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - High Court in its revisional jurisdiction to see only whether findings are illegal or perverse in the sense that a reasonably informed person will not enter such finding - High Court shall not exercise its power as appellate power to re-appreciate or reassess evidence for coming to different finding on..........
Transfer of Property Act, 1882, Section 105 -- Lease - Property belonging to deity - Mohatmim/mahant of property can execute lease only for the benefit of estate or for legal necessity - Execution of lease without such conditions is illegal, null and void and creates no right, title and interest in favour of plaintiff - Lease deed rightly cancelled by Temple...........
