Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Hand loan - Plaintiff successfully established that defendant had availed a hand loan of sum of Rs.34,000 and defendant failed to repay the same - Defendant though had taken a contention that it was in connection with chit transactions, he had executed demand promissory note and delivered to plaintiff, but he..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand for bribe money is sine qua non to convict accused for offences punishable u/ss 7, 13(1)(d), 13(2) of the Act...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - There was no demand or receipt of bribe by accused from complainant - Prosecution failed to prove beyond all reasonable doubt the charge levelled against accused - Conviction set aside - Accused acquitted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Initiation of proceedings u/s 107/151 Cr.P.C. by wife - At that time misunderstanding was brewing in the marital life of parties - Wife in such circumstances had adopted he legal course to protect her rights - Such action taken in accordance with law cannot, in nay event, be considered as inflicting cruelty..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of appeal - Allowed - However, liberty not given to file fresh appeal on the same cause of action - Once withdrawal of appeal is permitted, Court to grant permission to file fresh appeal on the same cause of action...........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Currency notes in question were placed on working table of accused as per demand of accused as stated by PW3 - However, accused till seizure had not touched currency notes in question - Said fact fortified from fact that hand wash of accused being taken, but colour did not turn pink -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit property on rent, damaged in fire - Restraining tenant from constructing/reconstructing/restoring or repairing suit property - Question as to whether even after damage, suit premises are in the same position in which they were let out to the defendant, is a fact/an issue which shall be decided..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Son of original tenant sought impleadment after almost 6 years of filing of eviction suit - No date or month is mentioned in the application as to when applicant was aware of pendency of eviction proceedings - Vague and cryptic explanation given by applicant - Moreover, similar..........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 9 -- Trust - Mis-joinder or no, joinder of parties - When property is owned by trust suit for recovery of property filed by trustees in interest of trust cannot be said to be barred by no, joinder of parties...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 41, Rule 27 -- Dismissal of suit for possession - Non-joinder of parties - Bar of second suit on principal of res judicata - Matter in issue, if it is one purely of fact, decided in the earlier proceedings by a competent Court, must in a subsequent litigation between the same parties be..........
