Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Appellant a stamp vendor charged excess amount on stamp papers - Complainant and panch witness fully supported the case of prosecution that appellant was in habit of leaving a few serial numbers blank at bottom of some pages of register so that he can use them later in order to sell..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Allegation that conscious demand and acceptance of extra amount demanded by appellant for selling stamp paper - Inconsistency in depositions of panch witness and Raid Officer regarding where tainted money was got recovered - Evidence of complainant fully corroborates the evidence of..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- illegal gratification - Demand and acceptance - Prosecution failed to prove beyond reasonable doubt that there was either a conscious demand or conscious acceptance of the bribe amount by appellant - Nothing on record to show that sample sent to FSL was in a tamper free condition except FSL report stating..........
Specific Relief Act, 1963, Section 37, 38, Easement Act, 1882, Section 13 -- Restraining defendants from blocking `Pahi' - Existence of `Pahi' duly proved - `Pahi' the only source of ingress and egress to the land of plaintiff - `Pahi' left at the time of purchase of land which is used by plaintiff as easement of necessity - No other `Pahi' attaching the land of plaintiff..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 114A -- Gang rape of 15 years old girl - Plea of consent - Victim in her statement stated her age to be 15 years - Prosecutrix was subjected to lengthy cross examination but her statement remained intact - In her statement she has categorically stated that she was raped against her will - Held, by no stretch..........
Indian Penal Code, 1860, Section 302, 120B, 201, Arms Act, 1959, Section 25(1) -- Murder - Criminal conspiracy - Circumstantial evidence - Trial Court and High Court both held that offence of criminal conspiracy to commit murder not proved - Deceased died due to gun shot injury - Medical evidence establish that there is possibility of accidental death - Nitrate found in..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of compromise - Where Court decides the existence of a document and allow the party to lead evidence for its existence, Court may allow party to lead secondary evidence by producing photocopy if original is not produced by person alleged to be in possession thereof...........
Evidence Act, 1872, Section 65A, 65B -- Electronic evidence - Video conferencing - Recording of evidence with the help of electronic methods and techniques is acknowledged and recognized in the judicial system - Legislature has inserted S.65-A and 65-B in the Evidence Act on the point of recording of evidence relating to electronic record and admissibility of electronic..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Determination - Price paid in a bona fide transaction of sale by a willing seller to a willing buyer is adopted subject to such transaction being adjacent to acquired land, proximate to the date of acquisition and possessing similar advantages - There are other well known methods of valuation like..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 18, 19, 20 -- Domestic violence - Maintenance - Income of husband 20/25 thousand p.m and he received 20 to 25 lacs from his mother after her retirement - Nothing on record to prove that wife has sufficient source of income - Nothing on record to prove that husband has given a sum of Rs.4 lacs to wife and..........
