Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Demand and acceptance - Proof of demand is sine qua non to establish the offence in question - Mere recovery of money itself is not sufficient to establish guilt of accused...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 421 -- Dishonour of cheque - Compromise - Recovery of unpaid amount - Dispute between parties compromised and order of acquittal was passed reserving liberty in the event of default in payment by accused to complainant to invoke S.421 Cr.P.C - Accused defaults in payment - Criminal..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - In the absence of proof of demand, recovery cannot form basis to prove demand...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Bribe amount of Rs.2000 was allegedly handed over to accused when demanded by accused on the day of trap - However, Rs.500 was recovered from co-accused from his table drawer who was in other room - No evidence placed as to when accused went to co-accused and placed said amount in his..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit for money - Defendant produced a document indicating that amounts have been paid to plaintiff - Moreover, defendant contended that he was suffering from dengue though treating doctor has not been examined - Adequate opportunity ought to be provided to defendant to make available..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Suit for recovery of possession - Non-impleadment of all LRs of plaintiff - Respondent being one of legal heir of plaintiff is competent to act as an agent of other heirs of deceased plaintiff in the carriage of suit - Defendant cannot insist that all legal heirs must participate in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 50 bags of poppy husk - Identity of accused - Accused fled away from the spot and was not arrested from the spot along with contraband - However, no test identification parade was conducted to ascertain the identity of accused, as PW6/ASI expressed his ability to identify accused as he knew..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 50 bags of poppy husk - Independent witness though joined in the investigation, but not examined during trial - This lapse on the part of investigation team becomes even more prominent, given the accused were not apprehended at the spot - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 50 bags of poppy husk - I.O is also the complainant in the case - Since the arrest and search is made by complainant, he should not involve himself with the investigation of the case - Such an officer leading the investigation would forthrightly raise questions as to fairness and impartiality..........
Indian Penal Code, 1860, Section 302, 460, 396, 149 -- Murder - Recovery of articles - No jewellery or valuable utensils were recovered from any of accused - Recovery memo relates to co-accused who is not a party to present appeal - In so far as recovery of empty shells, gun etc. are concerned, these recoveries by itself is not sufficient to connect accused with alleged..........
