Prevention of Corruption Act, 1988, Section 13(1)(d) -- Illegal gratification - Proof of demand - In the absence of proof of demand or request from the public servant for a valuable thing or pecuniary advantage, the offence under Section 13(1)(d) cannot be held to be established...........
Statute -- Interpretation - Heading or marginal note - Section heading or marginal note can be relied upon to clear any doubt or ambiguity in the interpretation of any provision and to discern the legislative intent...........
Minimum Wages Act, 1948, Section 5 -- Minimum wages - Fixation of minimum rate of wages - Procedure - Personal hearing - Requirement of Section 5 of the Act is a publication of the proposal for information of the persons likely to be affected - In response to the said proposal, all representation received by it within the specified date in the Notification under Clause (b)..........
Minimum Wages Act, 1948, Section 3 , 4 , 5 -- Minimum wages - Fixation of minimum rate of wages - The fields governed by Section 3, 4 and 5 of the Act are different - These sections although are inter linked but not interdependent, as the power exercised by the appropriate Government under these sections can be invoked collectively as well as individually depending upon..........
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 7 -- Suspension of conviction and sentence - Conviction u/s 13(1)(d) r/w S.13(2) and S.7 of Prevention of Corruption Act - Where there is an order of conviction, though the power to suspend such order of the conviction is not alien to Section 389 of the Code, its..........
Punjab Land Revenue Act, 1887, Section 44, 45 -- Entries in record of rights - Presumption of correctness - Onus is always on the person to prove, who pleads that the entries are not correct and not on the person in whose favour the entries in the revenue record have been made as presumption of truth is always attached to the jamabandi entries, unless the same have been..........
Indian Penal Code, 1860, Section 34 -- Common intention - Law as to - Direct proof of common intention is seldom available - Such intention can only be inferred from the circumstances appearing from the proved facts and proved circumstances - There must be plan or meeting of mind of all the accused persons to commit the offence - It can be pre-arranged or on the spur of..........
Indian Penal Code, 1860, Section 415 -- Cheating - Ingredients of offence of cheating are : (i) deception of a person either by making a false or misleading representation or by other action or omission; (ii) fraudulently or dishonestly inducing any person to deliver any property; or (iii) to consent that any person shall retain any property and finally intentionally..........
Criminal Procedure Code, 1973, Section 433 -- Order of commutation is just reiteration of the identical reports submitted by different government authorities without any independent scrutiny - Powers conferred upon the appropriate Government under Section 433 Cr.P.C., must be exercised in accordance with rules and established principles - While exercising such power,..........
Maharashtra Control of Organised Crime Act, 1999, Section 9, 23 -- Jurisdiction - Section 23(2) is a threshold provision having a direct bearing to the jurisdiction of the Special Court to take cognizance u/s 9(1) of MCOCA...........
