Prevention of Corruption Act, 1988, Section 13(1)(e), Indian Penal Code, 1860, Section 109 -- Offence u/s 13(1)(e) of the P.C.Act can be abetted by kith and kin/non-public servants - The only mode of prosecuting such offender is through the trial envisaged in the P.C.Act...........
Prevention of Corruption Act, 1988, Section 13(1)(e) -- Public servant cannot escape from the tentacles of S.13(1)(e) of the Act by showing other legally forbidden sources, albeit such sources are outside the purview of clauses (a) to (d) of the sub-section...........
Specific Relief Act, 1963, Section 38, Civil Procedure Code, 1908, Section 91 -- Suit for injunction restraining defendant from obstructing the use of public street by the plaintiff - It is a suit for enforcement of his individual right, not to remedy a wrong affecting the public as envisaged u/s 91 CPC - Suit for perpetual injunction u/s 38 of Specific Relief Act is not..........
Specific Relief Act, Section 38 -- Suit for permanent injunction restraining defendant from interfering with plaintiff's peaceful enjoyment of street or from raising any construction so as to obstruct use of said street on the side of his house - Objection that suit not maintainable as suit for injunction filed without complying with requirement of Section 91 Civil..........
Agreement to sell -- Suit for specific performance - Property worth Rs.Seven lacs agreed to be sold for Rs.Two lacs - No exceptional circumstances proved - No one will sell his property at such a low price - Defendant having no other house - No amount paid to defendant in presence of Notary Public - Plaintiff's evidence full of contradictions - Material particulars as to..........
Haryana Panchayati Raj Act, 1994, Section 176(4)(b) -- Recount order based on consent of parties - Permissible and legal - Within ambit and scope of Section 176(4)(b) - Party giving consent for recounting of votes - Estopped from challenging correctness of that order on the ground that consent order impermissible in law or otherwise - Consent by parties for recounting or..........
Constitution of India, 1950, Article 14 -- Doctrine of equality - Does not confer upon a person to seek enforcement of negative equality - Illegality committed by a public authority in one case cannot be made basis for compelling it to commit similar illegality in another case - Principle of equality cannot be stretched and mis - used for issuing direction to public..........
Prevention of Corruption Act, 1947, Section 5(2), 197 -- Prosecution after retirement - Prior sanction u/s 197 Cr.P.C. - An accused facing prosecution under P.C. Act cannot claim immunity on ground of want of sanction if he ceased to be a public servant on the date when the Court took cognizance of the said offence...........
Indian Penal Code, 1860, Section 406, 409, 120B, Criminal Procedure Code, 1973, Section 197 -- Charge against public servant - Prior sanction u/s 197 Cr.P.C. is not required - It is not a part of duty of public servant to enter into criminal conspiracy for committing breach of trust...........
Smoking in a public place -- It is an offence punishable under S.278 IPC - Procedure that can be adopted for the offence under S.278 IPC - Analysed...........
