Civil Procedure Code, 1908, Order 21, Rule 30, 37 -- Execution - Money decree - Simultaneous execution for arrest of JD and also for attaching his salary - Earlier E.P for attaching salary of JD was dismissed for default - Subject E.P was filed for arrest of JD - JD is a Teacher and drawing salary of Rs.16,000 and he did not pay any amount after dismissal of earlier E.P -..........
Nominee -- Retirement benefit of husband - Cannot be claimed by nominee during life time of employee - However, wife can seek creation of maintenance charge over said amount if husband defaults in paying maintenance but wife cannot prevent husband from receiving retirement benefits which he has earned by virtue of being employee of Government...........
Limitation Act, 1963, Section 18 -- Acknowledgement - Entries made in balance sheet - Majority view in case V.Padmakumar V. Stressed, that entries in balance sheets does not amount to acknowledge of debt for the purpose of extending limitation u/s 18 of the Act, set aside, while upholding the minority view of Justice (Retd.) A.I.S. Cheema, Members (Judicial)...........
Unlawful Activities (Prevention) Act, 1967, Section 17 -- Payment of levy/extortion amount to terrorist organization - Payment of extortion money does not amount to terror funding...........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 43D(5), 17, 18, 21, Indian Penal Code, 1860, Section 120B, 414, 384, 386, 387, Arms Act, 1959, Section 25(1B)(a), 26, 35 -- Bail - Offence u/ss 17, 18, 21 of Unlawful Activities Act, Ss.120-B, 414, 384, 386, 387 IPC and Ss.25(1-B)(a), 26, 35 of Arms Act - Allegation that accused..........
Prevention of Corruption Act, 1988, Section 13(1)(d) -- Offence u/s 13(1)(d) of the Act - Dishonest intention is gist of offence u/s 13(1)(d) of the Act - Mere misconduct and action of a public servant, without dishonest intention but contrary to departmental norms does not amount to criminal misconduct...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 34 -- Anticipatory bail - Cheating - Petitioner joined the investigation only once and thereafter on being called again he has failed to join investigation and absconded - NBWs were issued against petitioner - Petitioner has even issued three cheques to complainant in order to clear..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Continuous harassment of deceased in spite of objection by deceased as well as by her husband may amount to abetment of suicide - Charge u/s 306 IPC rightly framed against accused...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Recovery of excess compensation - Amount of Rs.152 crores out of disbursed sum of Rs.750 crores is beyond entitlement of landowners - However, concerned authorities have passed on entire burden to subsequent allottees of acquired land and have received amounts in excess of what have been made..........
Protection of Women From Domestic Violence Act, 2005, Section 23, Criminal Procedure Code, 1973, Section 125 -- Interim monetary relief u/s 23 of PWDV Act - Adjustment of amount of maintenance granted u/s 125 Cr.P.C - Wife was awarded maintenance in a proceeding u/s 125 Cr.P.C - Husband thus, entitled to have adjustment of amount of maintenance already paid by him to..........
