Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Quashing of summoning order - Illegal gratification - Investigating agency found no evidence against petitioners and charge sheet/closure report was filed - Court without ordering further investigation cannot take cognizance against petitioners by appreciating..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 420, 467, 468, 471, 201, Prevention of Corruption Act, 1988, Section 13(2) -- Framing of charge - Cheating and forgery - Allegation that accused should have retired a year back but still serving and there is difference in his date of birth as far as service book and certificate concerned - Entry..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Clean hands - Parties not approaching Court with clean hands - Failure to prove cruelty on application of principle of preponderance of probability - Dismissal of petition calls for no interference...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Collusion - One of the necessary pleadings in a petition for divorce is that parties are not colluding - Even if such statement is made in the plaint, it is duty of Court to be alert and assess the situation throughout the progress of the trial because in a given case, the party may not..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Conduct of parties - After filing petition for divorce by mutual consent, parties developed an understanding whereafter husband remained absent from proceedings, coupled with the fact that wife never made any complaint to police or to elderly members of society regarding commission of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Wife having no knowledge of passing of ex-parte decree of dissolution of marriage inspite of residing with husband under same roof - Keeping in view the rival claims and interest of parties in matrimonial case, ex-parte decree set aside...........
Criminal Procedure Code, 1973, Section 321, Indian Penal Code, 1860, Section 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Withdrawal from prosecution - Cheating - Forgery - Tampering of mark sheet - Alleged forged mark sheet not recovered by prosecution - Even respondent no.2 in whose favour alleged mark sheet is forged had not taken any..........
Hindu Marriage Act, 1955, Section 13(i)(a) -- Divorce - Cruelty - Adultery - Wife living in adultery and have a child out of this relation - As per DNA test, husband has held not to be the biological father of minor child given birth to by wife - Neither wife nor her lover, is present before Court to controvert any of the averments - On the contrary, husband examined..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 12, Indian Penal Code, 1860, Section 161 -- Illegal gratification - Demand and acceptance of Rs.800 from complainant - Vital ingredients i.e demand, acceptance and recovery are proved from the evidence of PW1 and PW2, which is in conformity with each other and getting due corroboration from contemporaneous..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 12, Indian Penal Code, 1860, Section 161 -- Illegal gratification - Reduction of sentence - Trap was laid for about 24 years back - During interregnum period accused have suffered a lot by way of facing departmental proceedings and have superannuated by now - Sentence of accused reduced from 2 years R.I to 1..........
