Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), 7 -- Illegal gratification - Demand of bribe by accused - Co-accused working in office of accused counted money kept on table as per direction of his immediate authority - No allegation against co-accused as to demand of illegal gratification or that he received money in lieu thereof - Held, co-accused had no..........
Negotiable Instruments Act, 1881, Section 6, 13 -- Cheque - Sent by post met on presentation - The date of payment is the date when the cheque was posted...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Limitation - 'No instructions' - Party cannot be penalised for fault of counsel - Limitation to file application to set aside exparte decree starts from the date of knowledge - Application for condonation of delay allowed - Exparte decree set aside...........
Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Cannot be passed on the basis of averments in plaint and other documents - Plaintiff is bound to prove his case...........
Prevention of Corruption Act, 1988, Section 13(1)(d) -- Prosecution allegation that accused working as Food Inspector and co-accused as clerk demanded bribe to release wheat to the complainant - Tainted currency notes recovered from the accused during trial - During trial complainant and shadow witness turned hostile - Demand of bribe money not proved - Defence set up by..........
Prevention of Corruption Act, 1988, Section 13(1)(d)(e) -- Corruption case - Tainted currency notes recovered from accused as a result of trap - Demand not proved - Conviction set aside...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable break down of marriage - Not a ground for divorce - Divorce can be claimed only on the statutory grounds provided u/s 13 of the Act...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Desertion - If a wife is working at a place which is far away, from the place of residence of her husband, and she is unable to come to the place of her husband daily, it cannot be said that she deserted the husband...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Parties married in 1955 - Parties not stayed together since 1958 - No cohabitation took place since last about 49 years - Husband aged 75 years and wife aged 65 years - Marriage between parties has irretrievably broken - Decree of divorce granted...........
Hindu Marriage Act, 1955, Section 13, 23 -- Res judicata - Earlier judgment passed between parties upon wrong interpretation or incorrect interpretation - Interpretation of S.23 of the Act changed by Supreme Court subsequently - Held, earlier adjudication between parties does not amount to res judicata in subsequent petition...........
