Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 7, 13(2), Indian Penal Code, 1860, Section 376(C) -- Bail - Illegal gratification and rape - Petitioner Superintendent of Police against whom there is allegation of taking bribe and commission of rape - Evidence of complainant/material witnesses including their cross-examination..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons by Munadi and registered post - A satisfaction has to be recorded by trial Court before resorting to substituted service that defendant cannot be served by means of ordinary post - No such satisfaction was recorded and straightaway process of Munadi was resorted besides..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by wife - Allegation that wife expelled from matrimonial home by husband - However, no application for restitution of conjugal rights filed by wife - Rather, she filed civil suit for recovery of dowry items and stridhan - More so, after about one year from said expulsion wife made a report to..........
Family Courts Act, 1984, Section 10, 19, Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 8 -- Divorce - Dismissal in default - Restoration - Application U.O.9.R.8 CPC for restoration of suit is maintainable - An appeal u/s 19(1) of Family Courts Act is also maintainable as it also come within the purview of judgment or order...........
Prevention of Food Adulteration Act, 1954, Section 2(ia)(a)(m), 7(1)(5), 13(2), 16, Criminal Procedure Code, 1973, Section 482 -- Food adulteration - Quashing of proceedings - Re-analysis of samples - Copy of report of Public Analyst was supplied to petitioner after expiry of best before date stated in the label of sample of food article, hence, petitioner is deprived of..........
Criminal Law (Amendment) Ordinance, 1944, Section 12, 13 -- Attachment of property of accused - Appeal against order of conviction pending - In one criminal case trial is already pending - Plea that once a judgment is pronounced in a criminal case by Court and if no finding is recorded with regard to attached property, no order can be passed with regard to attached..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d).13(2) -- Illegal gratification - Tape recorded conversation - Conversation of demand of Rs.7500 allegedly recorded in Tape recorder - However, there is discrepancy about time of handing over possession of tape recorder along with fact that voice and conversation which was transcribed has not been proved beyond..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d).13(2) -- Illegal gratification - Demand and acceptance - Accused being Industrial Inspector allegedly demanded Rs.7500 from complainant in order to avail loan for auto rickshaw - Complainant himself admitted that accused never demanded money from him - Accused only agreed to help complainant to pass on money to bank..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Acquittal of husband in a criminal case filed by wife - Case filed by wife cannot be called as a false case, as such, acquittal of husband not a ground of cruelty for husband to get divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband not ready to take wife to matrimonial house and so wife has no other alternative than to take steps to enforce her rights by filing proceedings under Protection of Women from Domestic Violence Act and S.125 Cr.P.C - Such steps taken by wife by no stretch of imagination can be..........
