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 :

The appellant-landlord instituted an eviction suit in 1970 against the respondent-tenant on the ground of unlawful subletting. The respondent had inherited the tenancy upon the death of his father in 1968. The subletting was created, in 1952 during the life time of appellants father. Neither the app...

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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 :

In respect of certain incident dated 2.4.1974, the First Information Report has been registered suo motu by the Police after 3 1/2 years, on the basis of the report of Commission of Inquiry. The victims of the injuries were also accused of criminal offences said to have taken place at the same point...

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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 made a gift of the house in dispute in favour of Gyan Chand, but later on he filed a suit for cancellation of the gift. The suit was referred to the arbitrator who made his award, which was accepted by the Court and a decree followed. Under the decree Chander Mohan got a right of enjoy...

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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 the judgment of Laxmi Kant Pandey v. Union of India dated 6th February, 1984 and the supple- mental judgment dated 27th September, 1985 had formulated the normative and procedural safeguards to be followed in giving an Indian child in adoption to foreign parents. Since there wer...

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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 s. 3(1) of the COFEPOSA Act, 1974 pursuant to a detention order passed on March 31, 1986. He was found in possession of a large quan- tity of contraband goods worth over Rs. 21 lacs, hidden in his premises, which he had brought from Hongkong. On April 2...

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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 amended in 1976 and Chapter IV A was added. Section 24A, s. 24B and s. 24C are contained in the said Chapter. They provide for summary trim of eviction petitions in certain circumstances. By a Notification dated 17...

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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 was residing at House No. 546 situated at Dhantoli area at Nagpur was evicted from the said premises on the ground of bona fide requirement of its landlord. Therefore he became an "evicted person" within the meaning of section 2(2) of the Central Province and Berar Let...

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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 are the rules applicable to civilian employees under the Government of India. In regard to Defence personnel a similar set of regulations is in force. In the case of civilians the total amount of pension which can be commuted is upto on...

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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, 1965, by s. 13(3) provides that a landlord's petition for eviction of his tenant from a premises on the ground of bona fide personal need, has to be disposed of by the Rent Control Court. Section 18(1)(b) makes provision of an appeal to the Appe...

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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 appellant in CA 4453/86 and respondent in CA 4452/86 was a failed candidate at the M.D. examination in the speciality of Gynaecology and Obstetrics held in the year 1985. He filed a writ petition under Article 226 of the Constitution of India in the High Court of Bombay c...

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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 Art. 323-A, brought in by Constitution (42nd Amendment) Act, 1976, authorised Parliament to provide by law for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services....

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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 in respect of a room forming part of the property Unit No. BIX-148 (New), Chaura Bazar, Ludhiana, which has been rented on a monthly rental of Rs. 23 by the landlady Smt. Guran Devi on the basis of rent deed dated 7th July, 1967 for a period of three months. After the expir...

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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 empowers the appropriate authority to retire an employee on the date on which he completes twenty-five years of qualifying service, or attains fifty years of age or thereafter, in public interest by prior notice in writing of not...

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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 Gujarat Minor Mineral Rules, 1966, which were framed under Act 67 of 1957, provides that the lease for all minerals specified in subclause (i) of clause (a) may be renewed by the competent officer for one or more periods not exceeding ten years at one time. Section...

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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--Arts. 14 and 16-Members of State 'Civil Service (Executive)--Promotion to Indian Administrative Service--Selection--Merit sole basis--Seniority--Whether confers any legal right on a Government servant for promotion-Whether such right protected by Arts. 14 and 16...

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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 11th October 1971, the respondent-landlord purchased a house in which the appellant was a tenant since 1962. He had also purchased another house in the same district on 10.7.1971 but sold away the same on 7.8.72 as it was not vacant. On 14th January, 1974, the respondent-landlord filed an evictio...

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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 :

As far back as 1972, the Uttar Pradesh Government by G.O. No. 43/90/66-Apptt. 4 dated July 18, 1972 announced "for the physically handicapped persons, the reservation in all the services under the Government shall be 2%". AH the Government Departments were directed to follow the policy for...

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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 by Rule 27 casts a duty on the Appellate Authority in the case of an appeal against an order imposing any of the penalties specified in Rule 11 to consider: (a) whether the procedure laid down in the rules has been complied w...

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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 :

Haryana Service of Engineers, Class II, Public Works Department (Irrigation Branch) Rules relating to recruitment etc. of Asst. Engineers and Haryana Service of Engineers Class I, Public Works Department (Irrigation Branch) relating to Executive Engineers came into force in 1970 and 1964 respectivel...

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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 sub-s.(6) of s.82 of the Punjab Reorganisation Act, 1966 mandates that the conditions of service applicable to any person referred to in sub-s.(1) or subs.(2) shall not be varied to his disadvantage except with the previous approval of the Central Government. Rule 6(b) of the Punjab S...

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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 appointed as a Workshop Mechanic. He was promoted to the post of Workshop InstrUctor on 7.8.1959 in the pay scale of Rs.100-120. The pay scales were revised w.e.f. 1.1.1961. Diploma holders were given the pay scale of Rs. 150-320, and Certificate holders Rs. 150-250 in the cadre o...

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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 received from the Rural Litigation and Entitlement Kendra Dehradun was treated as a Writ Petition and notices issued. The main allegations therein related to unauthorised and illegal mining operations carried on in the Mussoorie Hills and the area around adversely affecting the ecology of t...

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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 filed an eviction petition against the appellant tenant in respect of a shop-room under s.10(3)(a)(iii) of the Andhra Pradesh Buildings (Lease, rent and eviction) Control Act 1960 on the ground of bona fide requirement for starting a business in readymade garments. The Rent Contro...

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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 :

While the Central Government as well as the Parliament has the power to make laws under Entry 66 of List I of the Seventh Schedule for the purpose of "coordination and determination of standards in institutions for higher education or research and scientific and technical institutions", th...

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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 empowers the Government in public interest to make an exemption or reduction in rates either prospectively or retrospectively in respect of any tax payable under the Act. The State Government with a view to boost industrialisation, by an order...

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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 organisation, said to be committed to the upholding of fundamental rights of citizens, filed an application under Article 32 of the Constitution alleging that there was a dispute relating to possession of 26 decimals of low lying land at Arwal between members of a rich Rajak family...

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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 carrying on the business of exporting frozen meat of buffaloes, sheep and goat, sought to establish an abattoir, meat processing plant and a cold storage in a riots prone area near Bombay. The site was situated on the bank of a river whose water is used for purposes of drink...

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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 introduced in the Constitution by the Constitution (Thirty-Second Amendment) Act 1973, which came into force with effect from 1st July, 1974, and pursuant to c1.(3) thereof the President of India made an order on 19th May, 1975 constituting a, Administrative Tribunal for the State...

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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, 1860 is also a Public Trust under the Bombay Public Trusts Act of 1950. It has set-up many Obser- vation Homes under the provisions of the Bombay Children's Act 1948. The appellant, in a letter 10 the High Court, made...

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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 :

In order that the lands belonging to a Trust for an institution for public religious worship should be entitled to exemption from the operation of Sections 32 to 32R of the Tenancy Act, 1948, two conditions namely (i) that the Trust must be registered or deemed to be registered under the Bombay Publ...

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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 Union of India v. Bombay Tyres International Ltd., [1984] 1 SCR 347, this Court held that under s.4 of the Central Excise and Salt Act, 1944, only those expenses which were incurred on account of factors contributing to the product's value upto the date of sale or the date of delivery at the...

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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 corporation-Engaged in industry vital to public interest with potential to affect life and health of people--Whether 'other authority'--Extent of availability of Article 21. Article 32--Jurisdiction and Power of Court--Not only inj...

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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 adopted a practice of repromulgating the ordinances on a massive scale from time to time without their provisions being enacted into acts of the legislature. The practice was that, after the session of the State Legis- lature was prorogued, the same ordinances which had ceased...

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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 :

Under Article 137 of the Constitution of India The Supreme Court shall have power to review any judgment pronounced or order 703 made by it, subject to the provisions of any law made by Parliament or any rules made under Article 145. The Supreme Court, in exercise of the powers conferred by Article...

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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 Criminal Procedure Code, 1973 empowers a Public Prosecutor incharge of a case to withdraw with the consent of the court from the prosecution of any person in respect of any one or more of the offences for which he is tried, at any time before the judgment is pronounced. Respondent No....

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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 :

Prosecution was launched against Respondent No. 1 under s.5(1)(d) read with s.5(2) of the Prevention of Corruption Act, 1947 for having assets disproportionate to her known sources of income. The Special Public Prosecutor filed application for withdrawal of the prosecution against Respondent No....

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