Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - There was no provocation whatsoever from deceased - Deceased was merely saying that he cannot give money to accused to consume Alcohol - Reaction of accused was not only hugely disproportionate to statement but injury was so severe and on most vital part of body that intention to commit murder of deceased is..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Anticipatory bail - Disproportionate assets - Plea of political vendetta - Allegations against petitioner are serious in nature - Petitioner allegedly misused his official position while holding a senior post under Punjab police so as to create vast assets both..........
Protection of Women From Domestic Violence Act, 2005, Section 4(1) -- Application u/s 4(1) of the Act - Order directing revisionist to provide residential accommodation to opposite party No.2 and her son in the house or provide residence to them elsewhere as well as for making payment of Rs.1500/- per month to the opposite party No.2 for meeting the educational expenses of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Quantum of maintenance - Husband getting salary of Rs.3000 in 2011, as per his salary slip, which is his basic salary and D.A. and allowances were not mentioned in salary slip of husband - Said salary including D.A. and allowances would certainly be enhanced during last six years - Amount of..........
Defence Service -- Dismissal - Re-instatement by Tribunal - Validity - Charge of overstaying the casual leave - Respondent overstayed beyond causal leave period for around 1-1/2 years without informing either his superiors or nearest military station as to his whereabouts - Though respondent was charged for the first time, but it is a serious misconduct on the part of..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Evidence Act, 1872, Section 101, 102 -- Criminal misconduct - Assets disproportionate to known source of income - Burden of proof - Primary burden to bring home charge of criminal misconduct is on prosecution - It is only on discharge of such burden by prosecution, if accused failed to satisfactorily account for..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Criminal misconduct - Assets disproportionate to known source of income - Prosecution failed to prove beyond all reasonable doubt the charge of criminal misconduct - Accused not required in law to offer any explanation to satisfactorily account therefor - Benefit of doubt given to accused - Accused acquitted...........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Criminal Procedure Code, 1973, Section 227 -- Assets disproportionate to known sources of income - Discharge - Accused while serving as Minister of State acquired assets in his name and his wife and son far beyond their known source of income - Explanation offered by accused that he received the amount from his..........
Prevention of Money Laundering Act, 2002, Section 45, 65, 71, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Even a person who is not a public servant can be prosecuted under PC Act if such person held property of public servant, which public servant acquired disproportionate to known sources of income...........
Criminal Procedure Code, 1973, Section 91 -- Summoning of documents - Case of disproportionate assets - Petitioner prayed for summoning documents in regard to pay, loan etc. - Matter is fixed for recording of statement of I.O - As many as 55 witnesses have been examined - CBI has produced the details of amount received by petitioner including his salary and income, PF..........
