Transfer of Property Act, 1882, Section 122 -- Gift - Essentials of a valid Gift are : (a) There must be transfer of ownership - As in the case of a sale, there must be a transfer of all the rights in the property by the donor to the donee. However, it is permissible to make conditional gifts. The only restriction is that the condition must not be repugnant to any of the..........
Prevention of Corruption Act, 1947, Section 5(1)(a), 5(2) -- Reduction of sentence - Offence u/ss 5(1)(a), 5(2) of the Act - Appellant is about 85 years of age and is suffering from various serious ailments - Keeping these aspects of matter in view, while confirming conviction for offence punishable u/ss 5(1)(a), 5(2) of the Act, sentence of appellant reduced to period..........
Prevention of Corruption Act, 1988, Section 7, 13(d), 13(2) -- Illegal gratification - Conviction - Sentence of 1 year of simple imprisonment - Challenge - Guilt of accused is proved beyond reasonable doubt - Sentence imposed after considering advanced age of appellant, amount of bribe, etc - In absence of any good ground existing for consideration and interference -..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 5(2) -- Reduction of sentence - Illegal gratification - Prosecution clearly establishing that accused (Station Health Inspector) demanded bribe from casual sweepers to count their employment, thereby proving guilt of accused/appellant - Proviso to S.5(2) of the Act provided that sentence of less than minimum..........
Indian Penal Code, 1860, Section 302, 323, 148, 149 -- Murder - Death due to gun shot injury - Reduction of sentence - Accused contended that occurrence was of the year 1974 and he is 90 years old now and sending him to prison at this distant point of time would be harsh - Contention rejected, as in the occurrence two persons died and number of others were injured, thus..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Conviction for - Testimonies of prosecution witness and investigating officer corroborating with each other - Minor discrepancies in testimony of other prosecution witnesses would not disprove entire testimonies - Therefore, conviction of accused proper - However, considering the advanced..........
Indian Penal Code, 1860, Section 376(2)(g), 363, 366A, 120B, 506 -- Gang rape of minor girl - Age of prosecutrix - Father of prosecutrix is the best witness to prove the age of prosecutrix - Opinions of dental surgeon or radiologist are mere opinions and they cannot tell the exact age of a person - Where no other cogent evidence is produced, opinions formed by medical..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife unable to maintain herself - Whereas, husband is the person of sufficient means and getting pension of Rs.36,391 p.m after retirement - Looking to the cost of living, standard of living, age of wife and her medical needs amount of Rs.1,500 p.m as granted by Family Court cannot be said to be reasonable amount..........
Indian Penal Code, 1860, Section 363, 366, 506, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Victim was minor on the date of commission of offence - It cannot be said that no cognizable offence is made out if allegations in FIR are taken to be true - Moreover, victim before Court below expressed her desire to go with her father which belies..........
Indian Penal Code, 1860, Section 363, 366A, 376, 34 -- Rape with minor - Appeal against conviction - Accused took advantage of their social relations with victim and took her to another house and committed rape - As per testimony of father of victim, her school master and birth records as well as testimony of radiologist, age of victim was below 16 years - Therefore, plea..........
