Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Complainant had turned hostile and shadow witness has not stated about demand made by accused in his presence - There is no clear and convincing evidence on record to show that accused had demanded and accepted bribe amount of Rs.500 from complainant -..........
Evidence Act, 1872, Section 45 -- Expert opinion - Disputed signatures - Gap between disputed signatures and admitted signatures - However, science has developed to compare such signatures also by taking into consideration the direction of the strokes, the speed of writing, the pattern of writing etc...........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by Executive Magistrate at 4.40 p.m. whereas opinion with regard to fitness was given at 6.00 p.m. - Doctor further admitted that he had not mentioned in the bed head ticked that he had attested the statement of deceased at 4.40 p.m. - It is doubtful as to whether doctor had really examined deceased with regard..........
Evidence Act, 1872, Section 32 -- Dying declaration - Disbelieved qua one accused - Same dying declaration cannot be made basis to convict another accused - Accused acquitted...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Except vague allegation there is nothing in the evidence of relative witnesses to support prosecution case - No evidence on record to prove beyond reasonable doubt that deceased was harassed on account of non-fulfillment of demand of dowry - Accused acquitted...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife did not join husband nor did she comply with ex parte decree of restitution of conjugal rights passed in favour of husband - Un-impeached, un-controverted and unchallenged pleadings and evidence of husband constitute sufficient grounds to grant decree for divorce - Divorce..........
Evidence Act, 1872, Section 45 -- Expert opinion - Mere delay or laches on the part of plaintiffs in filing application cannot be a sole ground to reject the request, particularly when Court finds that it is essential to send the document for examination by expert - Application for expert opinion can be entertained even at a belated stage...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband failed to produce any evidence regarding his income - However, he is capable of earning being an MBA qualified person who was previously employed in a private company - Husband also paid amount awarded by Magistrate in proceedings under Domestic Violence Act - Therefore, in absence of ascertainment..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife attempted to commit suicide and suicide note is on record - However, wife explained in her evidence that she was made to write note literally under duress from husband and only to avoid being forced out of matrimonial home by husband - No ground of cruelty is made..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors on the date of issuance of cheque and who signed the cheque as authorised representative of company but not directors on the date when cheque was presented to bank for encashment - Status of Directors can be tested and adjudicated upon by trial Court after parties..........
