Negotiable Instruments Act, 1881, Section 138, Indian Contract Act, 1872, Section 23 -- Dishonour of cheque - Money received for securing a job - On failure to secure job accused returned amount by way of cheque - Cheque dishonoured - In a transaction in which parties are indulging in unlawful and illegal activity the machinery of Court cannot be used for recovery of such..........
Indian Penal Code, 1860, Section 392, 406 -- Robbery - Recovery of stolen articles in the disclosure statement of accused - Accused along with two other co-accused looted the petrol pump after killing the security guard - As per disclosure statement of accused he had concealed the rifle robbed from security guard of petrol pump, four live cartridges and Rs.27,400 -..........
Evidence Act, 1872, Section 34 -- Bahi entries - Recovery suit - Bahi entries in `Lande' script which is neither known to plaintiff or to defendant - Munim not examined - Bahi entries signed by defendant - Voucher signed by defendant which is an acknowledgement of amount due as on 31.03.2004 - Having appended their signatures on various entries as also voucher, defendants..........
Service -- Grant of ACP by mistake - Recovery - Validity - Petitioner are class IV employee - No allegations against petitioners, that petitioners have misrepresented case for claiming the alleged excess payment pursuant to benefit of ACP - Authority have no right to effect recovery from the employees who have not been at fault at any point of time - Held, Even if some..........
Stoppage of two annual increments -- Plea of violation of natural justice - Petitioner was issued complete charge sheet with statement of allegation which he apparently waived off by not responding to it - Enquiry was held in which the petitioner participated - A show cause notice was issued to petitioner proposing dismissal of service form corporation along with recovery..........
Recovery Certificate -- Repayment of loan amount - Plea taken by company that amount which sought to be recovered was a subsidy amount which had been ordered to be released by State Government and same having been wrongly adjusted by Corporation by claiming it from the Government cannot be matter of further recovery - Recovery of subsidy was competent when functioning of..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal Gratification - Proof of - Allegations against accused that he asked for bribe for shifting telephone connection - Complainant consistently deposed as per prosecution version and no material contradiction or improvements in statement - Mere fact that a specific amount is due payable by complainant..........
Specific Relief Act, 1963, Section 38 -- Perpetual Injunction - Grant - Bill received by appellant as a result of inspection of load of electricity pertaining to business premises - Appellant has not adduced any evidence to substantiate her plea that electricity connection to her premises was disconnected and she did not use electricity - Existence of bill not challenged -..........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Accused demanded and accepted Rs.3000 as illegal gratification from complainant for disbursement of remaining loan amount - Recovery of tainted currency notes from possession of accused, established by cogent and consistent testimonies of official witnesses - Accused had not given any explanation as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 350 gms of opium - Reduction of sentence - Accused convicted and sentenced to 5 years R.I and to pay fine of Rs.5000/- - Accused already undergone substantive sentence of about 10 months - Accused was below 20 years of age at the time of commission of offence and he was a poor man, having old..........
