M.N. Clubwala v. Fida Hussain Saheb, (1964) 6 SCR 642, 651 This case interpretation/case summary is written by Ms. Swati Sharma a student at the Faculty of Law (Delhi University). If you also want to publish your articles or case interpretations/summaries, send your work to niyamskanoon09@gmail.com . Case Details PETITIONER: MRS. M. N. CLUBWALA AND ANR. Vs. RESPONDENT: FIDA HUSSAIN SAHEB AND ORS. DATE OF JUDGMENT: 03/02/1964 BENCH: MUDHOLKAR, J.R. SUBBARAO, K. CITATION: 1965 AIR 610 1964 SCR (6) 642 Introduction The case of M.N. Clubwala v. Fida Hussain Saheb (1964) under the Delhi Rent Control Act is a landmark judgment that clarifies the distinction between a lease and a license and the jurisdiction of the Rent Controller. The primary issue in this case was whether the agreements between the landlord (M.N. Clubwala) and the shopkeepers (Fida Hussain Saheb) created a lease or a license. Facts of the Case M.N. Clubwala (Landlord) used his building as market by
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K. Santhamma V. State of Telangana
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K. Santhamma V. State of Telangana
Introduction
The appellant filed an appeal against the order of the HC of Telangana which confirmed the findings of a Special Court that convicted the appellant for offences punishable under Sections 7 and 13(1)(d) read with S.13(2) of the Prevention of Corruption Act.
PW- Prosecution Witness
PW 1- Complainant 1- Supervisor of the Society.
PW 2- Complainant 2- MD of the Society
PW 3- Madhusudan - Godown in charge of the Society.
PW 4- ACTO (Assistant Commercial Tax Officer)
Appellant- CTO (Commercial Tax Officer)
Facts of the Case
The appellant was working as a Commercial Tax Officer. It was alleged by PW 1, Sharma (working as a supervisor in Farmers' Service Co-operative Society) that the appellant was demanding a bribe of Rs 3000 to issue an assessment order. The supervisor of the said society and its MD made a written complaint to ACB. A trap was laid to catch the appellant red-handed by giving tainted currency notes. But it was alleged that the appellant instead of taking the tainted notes directly in her hand, she opened a diary and asked to put that currency in between the diary. Therefore when the trap party entered the office of the appellant, they found the same currency note in her diary. The Special court found that the demand for a bribe and its acceptance was proved and this finding was also affirmed by the HC. Therefore this appeal was raised.
Contentions of Appellant
Demand not proved
Recovery not proved
In the Sodium Carbonate test, her finger did not turn red
ACTO had a grudge against the appellant.
Unless the demand and acceptance are established presumptions under S-20. PCA would not apply.
The existence of a washroom in the chamber was accepted by D.S.P, ACB.
Notice issued by the appellant informing the society that they are not liable to pay.
Respondent's Contentions
No reason for PW 1 to make a false allegation
Tainted notes were found in the diary.
the appellant didn't issue a final assessment order, though notice may have been served.
Under Article-136, no interference is called for.
Issue
Whether the earlier findings of the HC and the Special Court were right.
Ratio Decidendi
Proof of demand and acceptance of bribe is sine-qua-non to establish the offence under S.7, PCA.
The prosecution's case about the demand appears to be highly doubtful because the final assessment order was only a procedural formality.
PW 1 is the only witness to the alleged demand and acceptance.
Acc. to PW 4, the demand was not reiterated at the time of the trap, in fact, he himself told her that he brought the money.
PW 2 had no personal Knowledge about the demand.
Though the appellant asked PW 3 whether he had brought the demanded amount, PW 3 didn't state that the appellant demanded the amount for granting any favour to the said society.
PW 4 admitted that the appellant had served a memo to him alleging that he was careless in performing his duties.
Decision:
The demand for illegal gratification is not proved.
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