Document obtained by illegal means -- Even if a document is procured by improper or illegal means, there is no bar to its admissibility if it is relevant and its genuineness is proved - If evidence is admissible, it does not matter how it has been obtained...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Non joining of independent witness - Independent witness could have easily been associated but I.O. did not explain the reason for non joining independent witness - Held, non association of independent and respectable persons as witnesses is fatal to prosecution case and on account of..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - When demand of bribe and its acceptance by accused is not proved beyond all reasonable doubt, mere recovery is not sufficient to fasten any criminal liability on the accused...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Shadow witness stated that he did not witness the giving of bribe by complainant and acceptance thereof by accused - Self serving statement of complainant is not at all sufficient to fasten any criminal liability on the accused - Held, for want of sufficient..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(k), 7, 7A -- Juvenile - Determination of age - If a person is declared to be a juvenile or otherwise without conducting an inquiry into that aspect in accordance with the provisions of the Act or the rules made thereunder, then that determination will not be damnum and will be wholly illegal de hors..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(k), 3, 4, 7, 7A, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenility - Determination - Scanty inquiry conducted and trial Judge concluded that age of appellant was more than 16 years on date of incident and he was not sick - Resultantly his application was rejected and..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Accused not apprehended while accepting bribe - Matter was reported to police after more than a month of acceptance of the alleged bribe money - Delay gains significance - Delay not explained - Held, delay is fatal to prosecution case...........
Constitution of India, 1950, Article 226 -- Habeas corpus - Detenu arrested in connection with case registered by Police Station at place `M' where his prayer for bail has been rejected - His prayer for bail on being arrested in case registered by Police Station at place `B' on being remanded to custody has also been rejected - He has been remanded to custody pursuant to..........
Jammu and Kashmir Public Safety Act, 1978, Section 8, 13, Constitution of India, 1950, Article 22(5) -- Detention order - Validity - None of the documents referred to in detention order was ever supplied to detenu - Held, if detenu is not supplied material, on which detention order is based, he cannot be in a position to make an effective representation against his..........
Criminal Procedure Code, 1973, Section 457 -- Sealed premises - Release of - Factory premises sealed for alleged illegal transportation and unloading of manganese ore - Rejection of application for release of said premises by trial Court as original documents of ownership were not produced - Non-production of documents regarding ownership and possession was on account of..........
