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Prevention of Corruption Act, 1988 — Section 7 — Demand and acceptance of bribe — Complainant’s testimony regarding demand by accused (A2) on a specific date was clear and corroborated by other witnesses — Pre-trap proceedings were also established — Recovery of marked notes from A2’s person and hand wash turning pink confirmed the trap — Despite inconsistencies in complainant’s testimony regarding earlier demands, the demand on the crucial date was credible — Independent witnesses corroborated the trap, with one identifying A2 and the other recovering the bribe money — Acquittal of A2 set aside, conviction under Section 7 of PC Act restored with modified sentence and fine. Right to life — Includes right to die with dignity — Passive euthanasia and Advance Medical Directives (AMD) are permissible under Article 21 ”Euthanasia ” Constitution of India, 1950 — Article 21 — Right to life — Includes right to die with dignity — Passive euthanasia and Advance Medical Directives (AMD) are permissible under Article 21 — Active euthanasia is not permissible — Withdrawal or withholding of medical treatment is a constitutional right derived from the dignity, liberty, privacy, and self-determination of an individual — This right extends to incompetent patients as well. Reservation Policy — Other Backward Classes (OBC) — Creamy Layer Exclusion — Interpretation of Office Memorandum (OM) dated 08.09.1993 and Clarificatory Letter dated 14.10.2004 — Salary income exclusion — Hostile discrimination — Held, the clarificatory letter dated 14.10.2004, particularly paragraph 9 thereof, should not be interpreted in isolation or in a manner that overrides the substantive scheme of the 1993 OM — Overemphasis on the 2004 letter making income alone determinative without considering parental status and category of service would defeat the framework of exclusion under the 1993 OM — Determination of creamy layer status solely on income brackets without reference to posts and status parameters in the 1993 OM is unsustainable — Hostile discrimination arises when similarly placed individuals are treated differently without a constitutionally sustainable basis, thereby attracting provisions of Articles 14, 15, and 16 of the Constitution — Appeals dismissed Constitution of India, 1950 — Article 32 — Writ Petition — Delay and Laches — Doctrine of laches is a flexible rule of practice, not a rigid rule of law, to be applied on case-to-case basis based on judicial discretion — It requires balancing the equity of not allowing stale claims against the constitutional duty to enforce fundamental rights — Key considerations include inordinate delay, explanation for delay, and prejudice to third-party rights or settled matters — Unexplained delay is critical; delay attributable to the State’s conduct cannot be used against the petitioner — Claims affecting the public at large or challenging the vires of a statute might warrant a less strict application of laches, especially when addressing historical injustices or transformative constitutionalism — The Court must weigh the need for finality against the need to rectify injustice and has the power to mould relief to minimize disruption while enforcing fundamental rights.
Corruption

Prevention of Corruption Act, 1988 — Section 7 — Demand and acceptance of bribe — Complainant’s testimony regarding demand by accused (A2) on a specific date was clear and corroborated by other witnesses — Pre-trap proceedings were also established — Recovery of marked notes from A2’s person and hand wash turning pink confirmed the trap — Despite inconsistencies in complainant’s testimony regarding earlier demands, the demand on the crucial date was credible — Independent witnesses corroborated the trap, with one identifying A2 and the other recovering the bribe money — Acquittal of A2 set aside, conviction under Section 7 of PC Act restored with modified sentence and fine.

Mar 15, 2026 sclaw
Prevention of Corruption Act, 1988 — Section 7 — Demand and acceptance of bribe — Complainant’s testimony regarding demand by accused (A2) on a specific date was clear and corroborated by other witnesses — Pre-trap proceedings were also established — Recovery of marked notes from A2’s person and hand wash turning pink confirmed the trap — Despite inconsistencies in complainant’s testimony regarding earlier demands, the demand on the crucial date was credible — Independent witnesses corroborated the trap, with one identifying A2 and the other recovering the bribe money — Acquittal of A2 set aside, conviction under Section 7 of PC Act restored with modified sentence and fine.
Corruption
Prevention of Corruption Act, 1988 — Section 7 — Demand and acceptance of bribe — Complainant’s testimony regarding demand by accused (A2) on a specific date was clear and corroborated by other witnesses — Pre-trap proceedings were also established — Recovery of marked notes from A2’s person and hand wash turning pink confirmed the trap — Despite inconsistencies in complainant’s testimony regarding earlier demands, the demand on the crucial date was credible — Independent witnesses corroborated the trap, with one identifying A2 and the other recovering the bribe money — Acquittal of A2 set aside, conviction under Section 7 of PC Act restored with modified sentence and fine.
Right to life — Includes right to die with dignity — Passive euthanasia and Advance Medical Directives (AMD) are permissible under Article 21
Constitution
Right to life — Includes right to die with dignity — Passive euthanasia and Advance Medical Directives (AMD) are permissible under Article 21
”Euthanasia ” Constitution of India, 1950 — Article 21 — Right to life — Includes right to die with dignity — Passive euthanasia and Advance Medical Directives (AMD) are permissible under Article 21 — Active euthanasia is not permissible — Withdrawal or withholding of medical treatment is a constitutional right derived from the dignity, liberty, privacy, and self-determination of an individual — This right extends to incompetent patients as well.
Constitution
”Euthanasia ” Constitution of India, 1950 — Article 21 — Right to life — Includes right to die with dignity — Passive euthanasia and Advance Medical Directives (AMD) are permissible under Article 21 — Active euthanasia is not permissible — Withdrawal or withholding of medical treatment is a constitutional right derived from the dignity, liberty, privacy, and self-determination of an individual — This right extends to incompetent patients as well.
Reservation Policy — Other Backward Classes (OBC) — Creamy Layer Exclusion — Interpretation of Office Memorandum (OM) dated 08.09.1993 and Clarificatory Letter dated 14.10.2004 — Salary income exclusion — Hostile discrimination — Held, the clarificatory letter dated 14.10.2004, particularly paragraph 9 thereof, should not be interpreted in isolation or in a manner that overrides the substantive scheme of the 1993 OM — Overemphasis on the 2004 letter making income alone determinative without considering parental status and category of service would defeat the framework of exclusion under the 1993 OM — Determination of creamy layer status solely on income brackets without reference to posts and status parameters in the 1993 OM is unsustainable — Hostile discrimination arises when similarly placed individuals are treated differently without a constitutionally sustainable basis, thereby attracting provisions of Articles 14, 15, and 16 of the Constitution — Appeals dismissed
Constitution
Reservation Policy — Other Backward Classes (OBC) — Creamy Layer Exclusion — Interpretation of Office Memorandum (OM) dated 08.09.1993 and Clarificatory Letter dated 14.10.2004 — Salary income exclusion — Hostile discrimination — Held, the clarificatory letter dated 14.10.2004, particularly paragraph 9 thereof, should not be interpreted in isolation or in a manner that overrides the substantive scheme of the 1993 OM — Overemphasis on the 2004 letter making income alone determinative without considering parental status and category of service would defeat the framework of exclusion under the 1993 OM — Determination of creamy layer status solely on income brackets without reference to posts and status parameters in the 1993 OM is unsustainable — Hostile discrimination arises when similarly placed individuals are treated differently without a constitutionally sustainable basis, thereby attracting provisions of Articles 14, 15, and 16 of the Constitution — Appeals dismissed
Arbitration

Arbitrator—Appointment of—Limitation of 30 days–Cannot be invoked under sub-section (6) of Section 11 of the Act. Arbitrator—Appointment of—Other than nominated in agreement on ground that arbitrator may not be impartial or independent in taking decision—Request not maintainable.

Apr 9, 2017 sclaw

  2007(2) LAW HERALD (SC) 1332 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Tarun Chatterjee Civil Appeal No. 1783 of…

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Corruption

Prevention of Corruption Act, 1988 — Section 7 — Demand and acceptance of bribe — Complainant’s testimony regarding demand by accused (A2) on a specific date was clear and corroborated by other witnesses — Pre-trap proceedings were also established — Recovery of marked notes from A2’s person and hand wash turning pink confirmed the trap — Despite inconsistencies in complainant’s testimony regarding earlier demands, the demand on the crucial date was credible — Independent witnesses corroborated the trap, with one identifying A2 and the other recovering the bribe money — Acquittal of A2 set aside, conviction under Section 7 of PC Act restored with modified sentence and fine.

Mar 15, 2026 sclaw
Constitution

Right to life — Includes right to die with dignity — Passive euthanasia and Advance Medical Directives (AMD) are permissible under Article 21

Mar 15, 2026 sclaw
Constitution

”Euthanasia ” Constitution of India, 1950 — Article 21 — Right to life — Includes right to die with dignity — Passive euthanasia and Advance Medical Directives (AMD) are permissible under Article 21 — Active euthanasia is not permissible — Withdrawal or withholding of medical treatment is a constitutional right derived from the dignity, liberty, privacy, and self-determination of an individual — This right extends to incompetent patients as well.

Mar 15, 2026 sclaw
Constitution

Reservation Policy — Other Backward Classes (OBC) — Creamy Layer Exclusion — Interpretation of Office Memorandum (OM) dated 08.09.1993 and Clarificatory Letter dated 14.10.2004 — Salary income exclusion — Hostile discrimination — Held, the clarificatory letter dated 14.10.2004, particularly paragraph 9 thereof, should not be interpreted in isolation or in a manner that overrides the substantive scheme of the 1993 OM — Overemphasis on the 2004 letter making income alone determinative without considering parental status and category of service would defeat the framework of exclusion under the 1993 OM — Determination of creamy layer status solely on income brackets without reference to posts and status parameters in the 1993 OM is unsustainable — Hostile discrimination arises when similarly placed individuals are treated differently without a constitutionally sustainable basis, thereby attracting provisions of Articles 14, 15, and 16 of the Constitution — Appeals dismissed

Mar 15, 2026 sclaw