Caselaw | Supreme Court Judgements of 1986

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A.S. Sulochana Vs. C. Dharmalingam [1986] INSC 251 (28 November 1986)

Judgement Date : 28 Nov 1986

Citation : 1986 Latest Caselaw 251 SC

Constitution of India

Headnote :

In 1970, the appellant-landlord filed an eviction lawsuit against the respondent-tenant, claiming unlawful subletting. The respondent had taken over the tenancy after his father\'s death in 1968. The subletting occurred in 1952, during the lifetime of the appellant\'s father. Neither the appellant n...

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Tekchand & ANR Vs. Tekchand, Supdt. of Police & Ors [1986] INSC 252 (28 November 1986)

Judgement Date : 28 Nov 1986

Citation : 1986 Latest Caselaw 252 SC

CrPC Section 321. Withdrawal from prosecution

Headnote :

Regarding the incident that occurred on April 2, 1974, the Police registered a First Information Report on their own initiative after a delay of 3 and a half years, following the findings of a Commission of Inquiry. The individuals who suffered injuries were also accused of committing criminal offen...

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Gian Chand Kapur Vs. Rabindra Mohan Kapur & Ors [1986] INSC 253 (3 December 1986)

Judgement Date : 03 Dec 1986

Citation : 1986 Latest Caselaw 253 SC

Partition Act, 1893

Headnote :

Chander Mohan gifted the disputed house to Gyan Chand, but later sought to cancel the gift through a lawsuit. This case was referred to an arbitrator, who issued an award that the Court accepted, leading to a decree. According to this decree, Chander Mohan retained the right to enjoy the property du...

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Laxmi Kant Pandey Vs. Union of India [1986] INSC 254 (3 December 1986)

Judgement Date : 03 Dec 1986

Citation : 1986 Latest Caselaw 254 SC

Hindu Adoptions and Maintenance Act, 1956

Headnote :

The Supreme Court, in its ruling on Laxmi Kant Pandey v. Union of India on February 6, 1984, along with a supplemental judgment on September 27, 1985, established the normative and procedural safeguards for the adoption of Indian children by foreign parents. Due to some challenges in applying these...

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Harbans Lal Vs. M.L. Wadhawan & Ors [1986] INSC 255 (4 December 1986)

Judgement Date : 04 Dec 1986

Citation : 1986 Latest Caselaw 255 SC

Constitution of India
Preventive Detention Act, 1950

Headnote :

The petitioner\'s son was detained under section 3(1) of the COFEPOSA Act, 1974, following a detention order issued on March 31, 1986. He was discovered to be in possession of a significant amount of contraband goods valued at over Rs. 21 lacs, which were concealed in his premises and had been impor...

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S.P. Jain Vs. Krishna Mohan Gupta & Ors [1986] INSC 256 (4 December 1986)

Judgement Date : 04 Dec 1986

Citation : 1986 Latest Caselaw 256 SC

Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Headnote :

The U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act of 1972 was revised in 1976, leading to the addition of Chapter IV A, which includes Sections 24A, 24B, and 24C. These sections allow for expedited handling of eviction petitions under specific conditions. A Notification dated Feb...

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Madhukar S/O. M. Lapalikar Vs. D.V. Hingwe & Ors [1986] INSC 257 (4 December 1986)

Judgement Date : 04 Dec 1986

Citation : 1986 Latest Caselaw 257 SC

Headnote :

The appellant, who lived at House No. 546 in the Dhantoli area of Nagpur, was removed from the property due to the landlord\'s genuine need for the premises.As a result, he qualified as an \"evicted person\" as defined in section 2(2) of the Central Province and Berar Letting of House and Rent Contr...

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Common Cause A Registered Society & Ors Vs. Union of India [1986] INSC 258 (9 December 1986)

Judgement Date : 09 Dec 1986

Citation : 1986 Latest Caselaw 258 SC

Headnote :

The Central Civil Services (Commutation of Pension) Rules, 1981 govern the pension commutation for civilian employees of the Government of India. A similar set of regulations applies to Defence personnel. Civilians can commute up to one-third of their total pension, while Defence officers can commut...

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Aundal Ammal Vs. Sadasivan Pillai [1986] INSC 259 (9 December 1986)

Judgement Date : 09 Dec 1986

Citation : 1986 Latest Caselaw 259 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The Kerala Buildings (Lease and Rent Control) Act of 1965, specifically section 13(3), mandates that a landlord\'s request for eviction of a tenant based on genuine personal necessity must be addressed by the Rent Control Court. Section 18(1)(b) allows for an appeal to the Appellate Authority agains...

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Shivajirao Nilangekar Patil Vs. Dr. Mahesh Madhav Gosavi & Ors [1986] INSC 260 (9 December 1986)

Judgement Date : 09 Dec 1986

Citation : 1986 Latest Caselaw 260 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India

Sukhvinder Pal Bipan Kumar Vs. State of Punjab & Ors [1981] INSC 196 (2 December 1981)
Seth Gulabchand Vs. Seth Kudilal & Ors [1966] INSC 51 (22 February 1966)

Headnote :

Dr. Mahesh Madhay Gosavi, the appellant in CA 4453/86 and the respondent in CA 4452/86, was unsuccessful in the M.D. examination for Gynaecology and Obstetrics conducted in 1985. He subsequently filed a writ petition under Article 226 of the Constitution of India in the High Court of Bombay, contest...

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S.P. Sampath Kumar Vs. Union of India & Ors [1986] INSC 261 (9 December 1986)

Judgement Date : 09 Dec 1986

Citation : 1986 Latest Caselaw 261 SC

Administrative Tribunals Act, 1985
Constitution of India
Government of India Act, 1935

Headnote :

Clause (1) of Article 323-A, introduced by the Constitution (42nd Amendment) Act of 1976, empowered Parliament to legislate for the resolution of disputes and complaints regarding the recruitment and service conditions of individuals appointed to public services through administrative tribunals. Cla...

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Sham Lal Vs. Atme Nand Jain Sabha (Regd.) Dal Bazar [1986] INSC 262 (10 December 1986)

Judgement Date : 10 Dec 1986

Citation : 1986 Latest Caselaw 262 SC

Code of Civil Procedure, 1908 (CPC)
East Punjab Urban Rent Restriction Act, 1949

Headnote :

The appellant is a tenant of a room located in Unit No. BIX-148 (New), Chaura Bazar, Ludhiana, which was rented from the landlady, Smt. Guran Devi, for a monthly rent of Rs. 23, based on a rental agreement dated July 7, 1967, for a duration of three months. After the tenancy period ended, the appell...

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State of Punjab & Ors Vs. Manohar Lal [1986] INSC 263 (10 December 1986)

Judgement Date : 10 Dec 1986

Citation : 1986 Latest Caselaw 263 SC

Government of India Act, 1935

Headnote :

Rule 3 of the Punjab Civil Services (Premature Retirement) Rules, 1975 grants the appropriate authority the power to retire an employee on the date they complete twenty-five years of qualifying service or reach the age of fifty, or thereafter, in the interest of the public, provided that a written n...

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Ambica Quarry Works & ANR Vs. State of Gujarat & Ors [1986] INSC 264 (11 December 1986)

Judgement Date : 11 Dec 1986

Citation : 1986 Latest Caselaw 264 SC

Constitution of India
Forest (Conservation) Act, 1980

State of Bihar Vs. Banshi Ram Modi & Ors [1985] INSC123 (7 May 1985)

Headnote :

Sub-clause (b)(i) of Rule I8 of the Gujarat Minor Mineral Rules, 1966, established under Act 67 of 1957, states that the competent officer may renew leases for all minerals listed in subclause (i) of clause (a) for one or more periods, each not exceeding ten years.Section 2 of the Forest (Conservati...

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R.S Dass Vs. Union of 'India & Ors, [1986] INSC 265 (11 December 1986)

Judgement Date : 11 Dec 1986

Citation : 1986 Latest Caselaw 265 SC

All India Services Act, 1951
Constitution of India
Indian Administrative Service (Appointment by Promotion) Regulations, 1955

Gurdayal Singh Fiji Vs. The State of Punjab & Ors [1981] INSC 177 (14 October 1981)
Union of India Vs. Chothia (H.P.) & Ors [1978] INSC 81 (7 April 1978)
Parvez Qadir Vs. Union of India & Ors [1974] INSC 212 (16 October 1974)
Union of India Vs. Mohan Lal Capoor & Ors [1973] INSC 178 (26 September 1973)

Headnote :

Constitution of India, 1950 -- Articles 14 and 16 -- Members of the State Civil Service (Executive) -- Promotion to the Indian Administrative Service -- Selection based solely on merit -- Seniority -- Does it grant a legal right to a government employee for promotion? Is this right protected by Arti...

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Yudhishter Vs. Ashok Kumar [1986] INSC 266 (11 December 1986)

Judgement Date : 11 Dec 1986

Citation : 1986 Latest Caselaw 266 SC

Code of Civil Procedure, 1908 (CPC)
Hindu Succession Act, 1956
Income Tax Act, 1961

State Bank of India Vs. Ghamandi Ram [1969] INSC 40 (13 February 1969)

Headnote :

On October 11, 1971, the landlord, who is the respondent, acquired a house where the tenant, the appellant, had been residing since 1962. Additionally, the landlord had bought another property in the same district on July 10, 1971, but sold it on August 7, 1972, as it was not vacant. On January 14,...

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Daya Ram Tripathi Vs. State of Uttar Pradesh & ANR [1986] INSC 267 (12 December 1986)

Judgement Date : 12 Dec 1986

Citation : 1986 Latest Caselaw 267 SC

Constitution of India

Headnote :

In 1972, the Uttar Pradesh Government issued G.O. No. 43/90/66-Apptt. 4 on July 18, establishing a 2% reservation for physically handicapped individuals in all government services. All government departments were instructed to adhere to this reservation policy. Subsequently, G.O. No. 7/4/1971-Person...

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R.P. Bhatt Vs. Union of India & Ors [1986] INSC 268 (14 December 1986)

Judgement Date : 14 Dec 1986

Citation : 1986 Latest Caselaw 268 SC

Constitution of India

Headnote :

The Central Civil Services (Classification, Control and Appeal) Rules 1965, specifically Rule 27, imposes a responsibility on the Appellate Authority when reviewing an appeal against any penalties outlined in Rule 11. The authority must assess: (a) whether the procedures established by the rules wer...

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Ashok Gulati & Ors Vs. B.S. Jain & Ors [1986] INSC 269 (17 December 1986)

Judgement Date : 17 Dec 1986

Citation : 1986 Latest Caselaw 269 SC

Punjab Reorganisation Act, 1966
Punjab Reorganisation Act, 1966
Punjab Reorganisation Act, 1966

Dr. Asim Kumar Bose Vs. Union of India & Ors [1982] INSC 98 (15 December 1982)

Headnote :

The Haryana Service of Engineers, Class II, Public Works Department (Irrigation Branch) Rules concerning the recruitment of Assistant Engineers, and the Haryana Service of Engineers Class I, Public Works Department (Irrigation Branch) Rules for Executive Engineers, were established in 1970 and 1964,...

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T.R. Kapur & Ors Vs. State of Haryana & Ors [1986] INSC 270 (17 December 1986)

Judgement Date : 17 Dec 1986

Citation : 1986 Latest Caselaw 270 SC

Constitution of India
Punjab Reorganisation Act, 1966
Punjab Reorganisation Act, 1966
Punjab Reorganisation Act, 1966
States Reorganisation Act, 1956

A.S. Parmar & Ors Vs. State of Haryana & Ors [1984] INSC 17 (24 January 1984)

Headnote :

The proviso to subsection (6) of section 82 of the Punjab Reorganisation Act, 1966 stipulates that the service conditions for any individual mentioned in subsections (1) or (2) cannot be altered to their detriment without prior approval from the Central Government. At the relevant time, Rule 6(b) of...

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State of Mysore Vs. B. Basavalingappa [1986] INSC 271 (17 December 1986)

Judgement Date : 17 Dec 1986

Citation : 1986 Latest Caselaw 271 SC

Headnote :

The respondent was initially appointed as a Workshop Mechanic and was promoted to Workshop Instructor on August 7, 1959, with a pay scale of Rs. 100-120. The pay scales were revised effective January 1, 1961, with Diploma holders receiving a pay scale of Rs. 150-320 and Certificate holders receiving...

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Rural Litigation And Entitlementkendra & Ors Vs. State of Uttar Pradesh & Ors [1986] INSC 272 (18 December 1986)

Judgement Date : 18 Dec 1986

Citation : 1986 Latest Caselaw 272 SC

Constitution of India
Mines Act, 1952

Headnote :

A letter from the Rural Litigation and Entitlement Kendra in Dehradun was treated as a Writ Petition, leading to the issuance of notices. The primary allegations concerned unauthorized and illegal mining activities in the Mussoorie Hills and surrounding areas, which were negatively impacting the loc...

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Duggi Veera Venkata Gopala Satyanarayana Vs. Sakala Veera Raghavaiah & ANR [1986] INSC 273 (19 December 1986)

Judgement Date : 19 Dec 1986

Citation : 1986 Latest Caselaw 273 SC

Headnote :

The respondents initiated an eviction petition against the appellant tenant concerning a shop-room under section 10(3)(a)(iii) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act of 1960, citing a genuine need to start a business in ready-made garments.The Rent Controller issued a...

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Dr. Ambesh Kumar Vs. Principal, Llrm Medical Collegemeerut & Ors [1986] INSC 274 (19 December 1986)

Judgement Date : 19 Dec 1986

Citation : 1986 Latest Caselaw 274 SC

Constitution of India
Indian Medical Council Act, 1956

Minor P. Rajendran Vs. State of Madras & Ors [1968] INSC 10 (17 January 1968)

Headnote :

The Central Government and Parliament possess the authority to legislate under Entry 66 of List I of the Seventh Schedule for the purpose of \"coordinating and determining standards in institutions for higher education, research, and scientific and technical institutions.\" Meanwhile, the State Gove...

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Pournami Oil Mills, Vs. State of Kerala & ANR [1986] INSC 275 (19 December 1986)

Judgement Date : 19 Dec 1986

Citation : 1986 Latest Caselaw 275 SC

Kerala General Sales Tax Act, 1963

Headnote :

Section 10 of the Kerala General Sales Tax Act, 1963 grants the Government the authority to provide exemptions or reductions in tax rates, either for future or past transactions, in the interest of the public.To promote industrialization, the State Government issued an order on April 11, 1979, offer...

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Peoples' Union For Democratic Rights Vs. State of Bihar & Ors [1986] INSC 276 (19 December 1986)

Judgement Date : 19 Dec 1986

Citation : 1986 Latest Caselaw 276 SC

Constitution of India

Headnote :

The petitioner, an organization dedicated to protecting the fundamental rights of citizens, submitted an application under Article 32 of the Constitution, claiming a dispute over the possession of 26 decimals of low-lying land in Arwal. This dispute involved members of a wealthy Rajak family on one...

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Satish Sabharwal & Ors Vs. State of Maharashtra [1986] INSC 277 (20 December 1986)

Judgement Date : 20 Dec 1986

Citation : 1986 Latest Caselaw 277 SC

Bombay Metropolitan Region Development Authority Act, 1974
Maharashtra Land Revenue Code, 1966
Maharashtra Prevention of Water Pollution Act, 1969

Headnote :

The petitioner-appellant, engaged in the export of frozen buffalo, sheep, and goat meat, aimed to establish an abattoir, meat processing facility, and cold storage in an area near Bombay that was prone to riots. The proposed site was located along a river, the water of which was utilized by local vi...

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P. Sambamurthy & Ors Vs. State of Andhra Pradesh & ANR [1986] INSC 278 (20 December 1986)

Judgement Date : 20 Dec 1986

Citation : 1986 Latest Caselaw 278 SC

Constitution of India

S.P. Sampath Kumar Vs. Union of India & Ors [1986] INSC 261 (9 December 1986)

Headnote :

Article 371-D was added to the Constitution through the Constitution (Thirty-Second Amendment) Act of 1973, which took effect on July 1, 1974. Following this, the President of India issued an order on May 19, 1975, establishing an Administrative Tribunal for the State of Andhra Pradesh, which was gi...

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Sheela Barse Vs. Secretary, Children Aid Society & Ors [1986] INSC 279 (20 December 1986)

Judgement Date : 20 Dec 1986

Citation : 1986 Latest Caselaw 279 SC

Constitution of India
Societies Registration Act, 1860

Headnote :

The respondent, a society registered under the Societies Registration Act of 1860, is also recognized as a Public Trust under the Bombay Public Trusts Act of 1950. It has established several Observation Homes in accordance with the Bombay Children\'s Act of 1948.The appellant submitted a letter to t...

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Manik Vinayak Pathare Vs. Pandurang Ganpat Thakar & Ors [1986] INSC 280 (20 December 1986)

Judgement Date : 20 Dec 1986

Citation : 1986 Latest Caselaw 280 SC

Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948

Headnote :

To qualify for exemption from the provisions of Sections 32 to 32R of the Tenancy Act, 1948, the lands owned by a Trust for a public religious worship institution must meet two criteria: (i) the Trust must be registered or considered registered under the Bombay Public Trust Act, 1950; and (ii) all i...

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Assistant Collector Ofcentral Excise & Ors Vs. Madras Rubber Factory Ltd. [1986] INSC 281 (20 December 1986)

Judgement Date : 20 Dec 1986

Citation : 1986 Latest Caselaw 281 SC

Headnote :

In the case of Union of India v. Bombay Tyres International Ltd., [1984] 1 SCR 347, the Court determined that according to section 4 of the Central Excise and Salt Act, 1944, only expenses incurred due to factors that contribute to a product\'s value up to the point of sale or delivery at the factor...

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M.C. Mehta & ANR Vs. Union of India & Ors [1986] INSC 282 (20 December 1986)

Judgement Date : 20 Dec 1986

Citation : 1986 Latest Caselaw 282 SC

Constitution of India
Industries (Development and Regulation) Act, 1951

Bandhua Mukti Morcha Vs. Union of India & Ors [1983] INSC 206 (16 December 1983)

Headnote :

Constitution of India 1950--Articles 12 & 21--Private corporations involved in industries crucial to public welfare that can impact people\'s lives and health--Whether classified as \'other authority\'--Scope of Article 21\'s applicability.Article 32--Court\'s Jurisdiction and Authority--Not lim...

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Dr. D.C. Wadhwa & Ors Vs. State of Bihar & Ors [1986] INSC 283 (20 December 1986)

Judgement Date : 20 Dec 1986

Citation : 1986 Latest Caselaw 283 SC

Constitution of India

Headnote :

The State of Bihar has frequently engaged in the practice of repromulgating ordinances without converting them into legislative acts. This process typically occurs after the State Legislature\'s session is prorogued, where previously expired ordinances are routinely repromulgated with largely unchan...

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Sheo Nandan Paswan Vs. State of Bihar & Ors [1986] INSC 284 (20 December 1986)

Judgement Date : 20 Dec 1986

Citation : 1986 Latest Caselaw 284 SC

Constitution of India
CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 239. When accused shall be discharged
CrPC Section 321. Withdrawal from prosecution
CrPC Section 397. Calling for records to exercise powers of revision
Indian Penal Code, 1860 (IPC)

Sheonandan Paswan Vs. State of Bihar & Ors [1982] INSC 100 (16 December 1982)
Subhash Chander Vs. State & Ors [1979] INSC 240 (15 November 1979)
State of Orissa Vs. Chandrika Mohapatra & Ors [1976] INSC 189 (23 August 1976)

Headnote :

According to Article 137 of the Indian Constitution, the Supreme Court has the authority to review any judgment or order it has issued, in accordance with any laws enacted by Parliament or rules established under Article 145. Exercising the powers granted by Article 145 and other enabling powers, th...

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Mohd. Mumtaz Vs. Nandini Satpathy & Ors [1986] INSC 285 (20 December 1986)

Judgement Date : 20 Dec 1986

Citation : 1986 Latest Caselaw 285 SC

Criminal Procedure Code, 1973
CrPC Section 1. Short title, extent and commencement
CrPC Section 239. When accused shall be discharged
CrPC Section 321. Withdrawal from prosecution
IPC Section 120. Concealing design to commit offence punishable with imprisonment

The State of Bihar Vs. Ram Naresh Pandey [1956] INSC 7 (31 January 1956)

Headnote :

Section 321 of the Criminal Procedure Code, 1973 allows a Public Prosecutor responsible for a case to withdraw from prosecuting any individual for one or more of the charges against them, with the court\'s consent, at any time before the judgment is delivered.Respondent No.1, the former Chief Minist...

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Mohd. Mumtaz Vs. Nandini Satpathy & Ors [1986] INSC 286 (20 December 1986)

Judgement Date : 20 Dec 1986

Citation : 1986 Latest Caselaw 286 SC

Criminal Procedure Code, 1973
CrPC Section 1. Short title, extent and commencement
CrPC Section 239. When accused shall be discharged
CrPC Section 321. Withdrawal from prosecution

Headnote :

The prosecution was initiated against Respondent No. 1 under section 5(1)(d) in conjunction with section 5(2) of the Prevention of Corruption Act, 1947, due to her possessing assets that were disproportionate to her known income sources.The Special Public Prosecutor submitted a request to withdraw t...

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