Divorce Act, 1869, Section 10(1)(x) -- Divorce - Cruelty - Petition by husband - In the absence of proof that wife filed false dowry demand complaint, merely filing a complaint before All Women Police Station would not amount to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife stayed with husband for just 82 days in thirteen years of marriage and levelled allegations of demand of dowry and physical cruelty, filing complaint before Registrar (Vigilance) tantamounts to cruelty - Divorce petition rightly allowed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife stayed with husband for just 82 days in thirteen years of marriage and levelled allegations of demand of dowry and physical cruelty, filing complaint before Registrar (Vigilance) tantamounts to cruelty - Divorce petition rightly allowed...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - When the factum of demand is not proved, complaint and subsequent recovery of amount from accused on the date of trap cannot form basis to convict accused - Accused acquitted by giving benefit of doubt...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Evidence Act, 1872, Section 114(g) -- Illegal gratification - Demand and acceptance - Adverse inference - Reason for demand of bribe is execution of eight works by PW1 - Details of works were available according to PW1 - However, such proof was not produced - Adverse inference has to be drawn against..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Genesis of demand is the completion of eight works which were entrusted to PW1 and outstanding to be paid for said works - However, details of said eight works for which amount was pending were not provided by PW1 nor investigated by PW8 - Officials examined..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife always avoiding company of husband on one pretext or other - Allegations leveled by wife against husband with respect to his illicit relationship, committing marpeet and also demand of dowry by husband are bald allegations, as no evidence and material was placed on record to show..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of second FIR - Second FIR lodged at place `U' on the basis of same allegations as in first FIR lodged at place `H' - Investigating agency at place `U' was well aware of the complaint on similar allegations being lodged at place `H' - Complainants had been misusing their official position by lodging complaints one..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - In concluding paragraph demand is not clear - However, in the preceding paragraphs of notice there is reference of cheque as well as the amount shown in cheque and there is demand to pay that amount within 15 days - Notice has to be read in totality - It cannot be said that notice does not..........
Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry demand - Validity of marriage - For dowry, performance of marriage is not necessary, and even a marriage contract is sufficient - If a male and female contracted for marriage and cohabiting together and the male partner makes any dowry demand from female partner, then ingredients of Ss.3, 4 of the Act are attracted...........
