Civil Procedure Code, 1908, Section 9, Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, Section 37 -- Jurisdiction of Civil Court - Bar u/s 37 of 1956 Act - In the instant case, plaintiff has not instituted any suit either to vary or set aside any decision or order passed by the Consolidation Court under the Consolidation Act - Plaintiff had..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Recovery of tainted notes from the floor - Admittedly, when the trap party entered, accused was holding the notes in his hands and on seeing trap party, he dropped the notes on the floor - Recovery of tainted currency notes from the floor has been clearly explained by prosecution - Since,..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - When the factum of demand is not proved, complaint and subsequent recovery of amount from accused on the date of trap cannot form basis to convict accused - Accused acquitted by giving benefit of doubt...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Evidence Act, 1872, Section 114(g) -- Illegal gratification - Demand and acceptance - Adverse inference - Reason for demand of bribe is execution of eight works by PW1 - Details of works were available according to PW1 - However, such proof was not produced - Adverse inference has to be drawn against..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Genesis of demand is the completion of eight works which were entrusted to PW1 and outstanding to be paid for said works - However, details of said eight works for which amount was pending were not provided by PW1 nor investigated by PW8 - Officials examined..........
Prevention of Corruption Act, 1988, Section 13(1)(b), 13(2) -- Offence u/ss 13(1)(b), 13(2) of P.C Act - Quashing of FIR - Source report for registering FIR is different from authorization issued by Superintendent of police and source report sent by police inspector and date also differs - Registration of FIR and issuing authorization is non-application of mind - FIR..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Accused accepted the receipt of amount of Rs.20,000, however, stated that said amount was towards loan that was asked by accused and complainant agreed to provide said loan - Reason for which loan was sought is not explained - No promissory note was executed nor any receipt - Answer given to DSP..........
Prevention of Corruption Act, 1988, Section 7(a) -- Illegal gratification - Accused though exonerated from departmental proceedings yet competent authority proceeded to accord sanction for prosecution - Said fact was not considered by High Court while quashing FIR - Moreover, continuation of trial was not on the very same evidence as what weighed with authorities in..........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 43D -- Bail - Offence under Unlawful Activities Act - Allegation against accused is of harboring co-accused pertains to the period when he was not declared P.O - Accused has not been declared terrorist till date - She is a 58 years old lady and has been in custody for a period..........
Unlawful Activities (Prevention) Act, 1967, Section 43D(2), Criminal Procedure Code, 1973, Section 167(2) -- Remand - Court u/s 43-D(2) Proviso of the UAPA has been given power to extend and authorize detention of accused beyond a period of 90 days as provided u/s 167(2) Cr.P.C - Jurisdictional Magistrate would also be clothed with jurisdiction to deal with remand of..........
