Indian Penal Code, 1860, Section 363, 364A -- Kidnapping of 8 years old boy - Victim kidnapped from lawful guardianship of PW1 and PW3 - On the main incident, version of victim/child has not been shaken in cross-examination - PW1 and PW2 proved that they received a call from someone demanding ransom and person threatened to kill their son in case ransom is not paid -..........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Demand and acceptance - Accepting bribe without any demand - In such a case prosecution need not to establish demand - However, in a case when bribe is demanded and same is received by public servant then prosecution has to establish prior demand by the public servant...........
Indian Penal Code, 1860, Section 498A, 506, 34 -- Cruelty - Allegation against accused that they harassed and ill treated wife for not fulfilling dowry demand - Evidence on record proved that at the time of marriage accused demanded and received sum of Rs.1,10,000 in cash and also several household articles - Testimony of wife is corroborated by testimony of PWs 1 to 4 -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - False allegations of dowry demand and extra marital relationship with one woman was made by wife against husband, which amounts to mental cruelty upon husband - Divorce rightly granted to husband...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Prima facie evidence is on record to make it a triable case as against accused - Statement of PW18 and PW13 also support prosecution case regarding demand of huge money for extending benefit to father of informant - Accused rightly summoned as additional accused...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 420, 406, 409, 457, 380, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Summoning of additional accused - Offence u/ss 420, 406, 409, 457, 380 IPC and Ss.13(1)(d), 13(2) of P.C. Act - Prima facie evidence on record which make it a triable case against accused - All PWs have..........
Indian Penal Code, 1860, Section 364, 364A -- Nature of offence - Prosecution miserably failed to establish the demand of ransom - Only deposition in Court regarding demand of ransom has come as a bald statement by PW5/father of complainant that when he was in the hospital co-accused demanded Rs.8,00,000/- as ransom - Co-accused has already been acquitted by trial Court -..........
Indian Penal Code, 1860, Section 498A, 323, 506, 504, 406, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegation against sisters-in-law (Nanads) of wife - Omnibus and general allegations leveled against accused - Accused/sisters-in-law were already married prior to marriage of wife/complainant and her husband - They were living at far away place..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Demand in addition to the cheque amount - If in a notice while giving break up of claim, the cheque amount, interest, damages, etc. are separately specified and these additional claims will be severable, such demand would not invalidate the notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Omnibus demand - There must be a clear demand for the cheque amount, otherwise notice will be invalid...........
