Matrimonial dispute -- Unconditional public apology by wife - Husband remained in jail for a period of 109 days and his father for 103 days and the entire family suffered physical and mental trauma and harassment due to cases filed by wife - What they have suffered cannot be resituated or compensated in any manner - However, wife and her parents shall tender an..........
Matrimonial dispute -- Unconditional public apology by wife to husband - Apology made by wife shall not ever be used against her before any Court of Law, Administrative/Regulatory/Quasi-Judicial Body/Tribunal against her interests now or in future - Any breach of said condition shall be considered as Contempt of Supreme Court on the part of husband, parents and his family..........
Service -- Reservation - Irrespective of whether an aspirant for public employment belongs to a particular community like SC/ST/OBC, status claimed by him for being accorded benefit of reservation is per se not decisive - Such status has to be certified by competent authority upon following due process and identification that aspirant is what he claims to be...........
Indian Penal Code, 1860, Section 109, Prevention of Corruption Act, 1988, Section 13(1)(e), 12 -- Abetment - Even a non public servant can be convicted u/s 109 IPC read with S.13(1)(e) of Act of 1988...........
Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Offence u/s 8 of Act does not require accused himself to be a public servant - However, prosecution must establish that: (i) an undue advantage was given or promised; (ii) same was intended to induce or reward a public servant; and (iii) there existed an element of improper performance of public duty...........
Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Demand and acceptance - Tehsildar on whose behalf alleged bribe was being demanded was not prosecuted due to want of sanction - This casts serious doubt on the narrative of prosecution regarding appellant acting as a conduit for a public servant - Complainant turned hostile and did not support case of..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Interrogatories may not be allowed in following cases : (i) A party is not entitled to administer interrogatories for obtaining discovery of facts which constitute exclusively evidence of his adversary's case or title; (ii) A party is not entitled to interrogate as to any confidential communications between..........
Indian Penal Code, 1860, Section 353 -- Offence u/s 353 IPC - Use of criminal force or assault on a public servant is essential to attract S.353 IPC...........
Indian Penal Code, 1860, Section 353, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 353 IPC - Quashing of FIR - Uncontroverted allegations in chargesheet do not disclose use of force or holding out threatening gestures giving rise to an apprehension of use of force towards public servant - Physical movement of labourers would not amount to use of force far less..........
Indian Penal Code, 1860, Section 186 -- Offence u/s 186 IPC - Cognizance of offence u/s 186 IPC was taken on a police report in breach of S.195 Cr.P.C - S.195 Cr.P.C provides no Court shall take cognizance of offence u/s 186 IPC save and except on a complaint in writing by aggrieved public servant or his superior - Cognizance taken of offence u/s 186 IPC on a police..........
