Hindu Law -- Joint family property - Alienation by karta - Challenge to - Absence of any proof regarding existence of antecedent debts or legal necessity - Held, alienations in questions made by respondent No.7 in respect of suit properties, which were coparcenary properties, having undivided shares of appellants as co-parceners, could not be held as valid alienations and..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Examination-in-chief - Affidavit - Beyond pleadings or containing irrelevant or inadmissible particulars - If Court on examination of proof affidavit finds that it contains irrelevant or inadmissible particulars, could reject same and call for fresh affidavit in accordance with directions - It can also devise a special..........
Civil Procedure Code, 1908, Order 29, Rule 1 -- Bank - Power of attorney in favour of Branch Manager to institute suit - Power of attorney itself does not require even to be attested - If Branch Manager was producing the document in original and he was stating that he had the authority to represent the Bank, it ought to be taken as sufficient proof for upholding the..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Mere recovery of tainted money without proof of any demand by the appellant and acceptance by him cannot be sufficient to convict the accused...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Proof - No reliable evidence on record that appellant demanded money and received same from informant - Evidence that informant himself inserted money in pocket of appellant does not amount to acceptance of money by appellant - Evidence of DW1 rather reveals that when money was..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof - Held, when genesis and manner of incident is doubtful, accused cannot be convicted for offence punishable u/s.302 IPC - Inasmuch as prosecution failed to establish circumstances in which appellant was alleged to have fired at deceased, entire story has to be rejected - Appellants acquitted - Appeal allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy straw - Conscious possession - Proof - Evidence on record shows that passengers including accused persons were made to get off the jeep first and their luggage was taken down by police later - Witness who weighed contraband stated that bags of contraband were not lying with luggage of passengers but..........
Prevention of Corruption Act, 1988, Section 13(1)(d) -- Essential ingredients of the provision are : (i) that he should have been a public servant; (ii) that he should have used corrupt or illegal means or otherwise abused his position as such public servant, and (iii) that he should have obtained a valuable thing or pecuniary advantage for himself or for any other person..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(a)(i) -- Eviction petition - Bona fide requirement - Proof - Landlord in his statement has unequivocally stated that her wife wants to run her business from demised premises separately as existing space is unsuitable, short and insufficient - Evidence on record shows that at the time of filing of petition, landlord..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Proof - No demand to bring motorcycle or colour TV either before or at the time of marriage - Alleged demand of motorcycle or colour TV after four months from marriage - Held, such demand cannot be said to be dowry demand - It may be an unethical or illegal demand but certainly it will not be demand in connection with..........
