Prevention of Corruption Act, 1988, Section 13(2), Indian Penal Code, 1860, Section 161, 109, 120B -- Delay of 27 years in filing charge sheet inspite of direction of High Court that investigation be completed within 3 months - No explanation for delay in investigation - Investigation conducted by an officer, who had no jurisdiction to do so - State not sure whether a..........
Criminal Procedure Code, 1973, Section 406, Indian Penal Code, 1860, Section 406, 498A,34, Hindu Marriage Act, 1955, Section 13 -- Transfer petition - Settlement - Parties settled their disputes amicably before Supreme Court Lok Adalat - Held, transfer petition disposed of in terms of settlement...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Exparte decree when passed against some of the defendants and it is necessary to set aside the entire decree, the Court is not powerless to do so...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - When ex parte decree is passed, defendant has more than one remedies - He may file a suit contending that the decree was obtained fraudulently - He may file an application U.O.9.R.13 CPC for setting aside the ex parte decree - He may prefer an appeal from the ex parte judgment and decree - In..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Order to set aside ex parte decree should be supported by reasons...........
Civil Procedure Code, 1908, Section 25, Special Marriage Act, 1954, Section 27, Hindu Marriage Act, 1955, Section 13(1)(i)(ia), 13(1)(i)(ib) -- Transfer of case - From place `C' to place `J' - Divorce petition - Considering age of wife/petitioner, petition transferred from place `C' to place `J' - Directions issued...........
Prevention of Corruption Act, 1988, Section 7, 13(2), Criminal Procedure Code, 1973, Section 378 -- Conviction u/s 7 but acquittal u/s 13(2) - Appeal by State against acquittal - Refusal to grant leave to file appeal - Held, High Court should have analysed entire evidence on record independently and returned its finding objectively - No reasons given by High Court while..........
Civil Procedure Code, 1908, Order 23, Rule 3, Hindu Marriage Act, 1955, Section 13 -- Matrimonial dispute - Parties entering into compromise - Parties agreed to take divorce by mutual consent and withdraw all cases filed against each other - Husband to pay 40 lacs to wife - Parties allowed to compromise...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Every acceptance of illegal gratification whether preceded by a demand or not would be covered u/s 7 of the Act - But if acceptance of illegal gratification is in pursuance of a demand by the public servant, then it would also fall u/s 13(1)(d) of the Act - In..........
Hindu Minority and Guardianship Act, 1956, Section 13, 6 -- Minor - Custody - In determining the question as to who should be given custody of a minor child, the paramount consideration is the `welfare of the child' and not rights of the parents under a statute for the time being in force...........
