Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Sentence - Appellant is no more and his legal representatives are only pursuing the matter, jail sentence would get extinguished on account of death of appellant - Fine amount as imposed by trial Court if not already paid needs to be paid by legal representatives of appellant...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363.366, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(j), 6 -- Quashing of proceedings - Kidnapping and rape - Prosecutrix solemnized marriage with applicant - From the cohabitation of applicant and prosecutrix, a son was born - In view of such subsequent..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought to add pleading with respect to non-maintainability of suit in view of provisions of new Rajasthan Rent Control Act - Suit filed under Transfer of property Act and on the date of filing of suit, Rajasthan Rent Control Act were not applicable and jurisdiction to..........
Indian Penal Code, 1860, Section 392, 397, 411, Arms Act, 1959, Section 25 -- Offence u/ss 392, 397, 411 IPC and S.25 of Arms Act - Once the manner in which accused were stated to have been arrested is doubtful, alleged recovery of screw driver, knives and country made pistol made at the time of arrest is rendered unacceptable - Moreover, weapons /articles allegedly..........
Indian Penal Code, 1860, Section 392, 397, 411, Arms Act, 1959, Section 25 -- Offence u/ss 392, 397, 411 IPC and S.25 of Arms Act - Police got information about presence of accused persons at the bus depot from PW1 as per prosecution - However, where that information was given by PW1 to police, there is discrepancy in the testimony of witnesses who were part of team that..........
Indian Penal Code, 1860, Section 392, 397, 411, Arms Act, 1959, Section 25 -- Offence u/ss 392, 397, 411 IPC and S.25 of Arms Act - Dock identification by eye witnesses - No test identification parade was conducted and statement of PW1 was recorded in Court after 16 months of incident - In such circumstances, not much reliance can be placed on statement of PW1 - However,..........
Indian Penal Code, 1860, Section 302, 304B, 498A, 506, 114, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - A-1 was not present at the scene of offence when incident occurred - DWs who are colleagues of A-1 supported him and categorically stated that A-1 was with them at his office on the date of incident - Demand of dowry was made by in-laws and not..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Statement of PWs - Mother of deceased/PW6 while deposing demand of dowry has not deposed to any particular act of cruelty or harassment by appellant - Essential ingredients of S.304-B IPC not made out from evidence of PW6 - Statements of bother of deceased/PW7 not contain any specific instance of..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100 -- Condonation of delay - Delay of 225 days in filing second appeal - Appellant had sufficiently explained the reasons leading to a delay of 225 days in preferring second appeal - Once appellant became aware about dismissal of her first appeal, she exhibited haste and preferred second appeal - Delay..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred u/s 207 of Rajasthan Tenancy Act - Suit for declaration that sale in question is null and void - Agricultural property - Plaintiff company claims not to be a party to sale transaction, therefore, for setting aside sale deed, third party to sale-deed i.e. plaintiff must have title to property which..........
