Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Death of complainant or non-availability of complainant at the time of trial cannot be said to be fatal to case of prosecution, nor could it be said to be a ground to acquit accused - It is always open for prosecution to prove contents of complaint and other facts in issue by leading..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Accused in his explanation u/s 313 Cr.P.C had accepted receipt of alleged amount - However, defence taken by accused that acceptance of tainted currency by him was towards Audit fees of Society was not proved by him - Pre-trap and post-trap proceedings were..........
Hindu Marriage Act, 1955, Section 13, 13B -- Divorce by mutual consent - Waiving of waiting period - Where there is no possibility of rapprochement and parties are not willing to live together coupled with the fact that they have been living separately for considerable time, High Court can dispense with cooling period, otherwise required to be given to parties to think..........
Hindu Marriage Act, 1955, Section 13, 13B -- Divorce petition - Conversion into a petition for divorce by mutual consent - Parties not willing to live together - There is no possibility of rapprochement and parties have been living separately for considerable time - Compromise arrived at between parties - There is thus, no impediment in converting application u/s 13 of the..........
Custody of child -- Claimed by mother - Child is in custody of Child Welfare Committee, as mother had some issues in taking care of child - Mother intends to give child in adoption to prospective parents - Neither prospective adoptive parents nor specialized adoption agency or biological mother of child has received or agreed to receive any payment or reward or..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Comparison of signatures of accused - Sending cheque to FSL - Complainant sought examination of cheque in question by a Government appointed handwriting expert - Merely because cheque had already been examined by a private expert, application cannot be rejected on the..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - PWs are not reliable witnesses and their testimony regarding recovery of tainted money from the floor bristles with infirmity - DW1 and accused on the other hand, established that trap team headed by PW12, had forcibly dragged accused by holding his hand and manhandled the house owner..........
Indian Penal Code, 1860, Section 323, Probation of Offenders Act, 1958, Section 4 -- Offence u/s 323 IPC - Benefit of probation - Injury reports of injured witnesses are placed on record - But same was not proved during trial by medical evidence - Medical evidence is essentially an opinion evidence and even in absence of medical evidence charge u/s 323 IPC may be proved on..........
Indian Penal Code, 1860, Section 323, Probation of Offenders Act, 1958, Section 12 -- Offence u/s 323 IPC - Removal of disqualification attaching to conviction - Offence u/s 323 IPC is not an offence of moral turpitude - Person released on probation of good conduct therefore, will not incur any disqualification due to conviction recorded by trial Court as provided u/s 12..........
Evidence Act, 1872, Section 76, 65 -- Certified copy of public document - To be provided on demand - It is to be provided with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title - Such copies so..........
