Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Quashing of proceedings - Proceedings cannot be quashed merely because informant turned hostile and does not support prosecution case, as demand and acceptance may be proved from other materials during trial connected to alleged trap and also by subjecting informant to examination in..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), (ii) -- Illegal gratification - Where complainant turns hostile or has died or is unavailable to let in his evidence during trial, demand of illegal gratification can be proved by letting in the evidence of any other witness who can again let in evidence, either orally or by documentary evidence or prosecution can..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), 13(1)(d)(ii) -- Illegal gratification - Where complainant turns hostile or has died or is unavailable to let in his evidence during trial, demand of illegal gratification can be proved by letting in the evidence of any other witness who can again let in evidence, either orally or by documentary evidence or..........
Indian Penal Code, 1860, Section 304B, 302 -- Conviction u/s 304-B - Conviction of accused u/s 302 IPC on basis of circumstantial evidence - When offence u/s 304-B IPC is proved by prosecution beyond reasonable doubt then trial Court is not required to enter the arena of offence u/s 302 IPC - Conviction u/s 302 IPC set aside...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from transferring the suit property in a suit for specific performance - Plaintiff always ready to perform his part of the contract and such pleadings has to be proved at the appropriate stage of trial - Balance of convenience is in favour of plaintiff - Defendant..........
Criminal Procedure Code, 1973, Section 300 -- Double jeopardy - S.300 Cr.P.C bars trial of a person not only for same offence but also for any other offence on same facts...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 346, 364, 201, 34, Arms Act, 1959, Section 25 -- Second bail application - Murder - Accused is in long judicial custody - Out of 36 PWs, only 3 witnesses have been examined so far - Conclusion of trial is likely to take a long time - Bail application allowed...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession - Tenant admitted all aspects required to be established by a landlord in a suit for possession - Trial Court rightly decreed suit with respect to possession...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Neither ground of desertion considered by trial Court nor framed any issue in relation to that - Trial Court passed the judgment only on the aspect of cruelty - When specific ground was pleaded and was allowed to be pleaded, it was duty of trial Court to frame issue in that regard and to permit the..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 3A -- Rejection of plaint - Suit for specific performance - One suit against 11 defendants with whom plaintiff entered into separate agreement to sell with each land owner - In a suit for specific performance of contract, there cannot be..........
