Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 498A, 406, 307, 34 -- Recalling of witness - Offence u/ss 498-A, 406, 307, 34 IPC - Evidence of victim is of utmost significance, as she being material witness and sufferer of cruelty and harassment at the hands of accused for their unlawful demand of property or valuable security - Medical..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Demand and acceptance of Rs.2000 as bribe - Complainant disowned her own complaint and stated that accused never demanded any amount of illegal gratification from her - Shadow witness also admitted that accused did not initiate any demand but complainant voluntarily handed over said amount to..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment to suicide - Deceased left her husband prior to her death and was residing at parental house for about 1 year before her death - Prosecution has not lead any evidence to show that accused used to visit deceased at parental house - Prosecution has not produced any document regarding the case..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 304B, 498A, 34, 120B, Arms Act, 1959, Section 25 -- Bail - Dowry death - Cruelty - Prima facie evidence of demand of dowry from deceased and her family - Evidence on record shows that licensed revolver of petitioner was used in the commission of crime - Injuries on the vital part of deceased..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Demand of dowry - Testimony of brothers of deceased is not reliable and trustworthy to connect accused with demand of dowry - Several material improvements and inconsistencies were found in the testimony of PWs, which make the case of prosecution doubtful - No public witness on the record which could connect accused with..........
Limitation Act, 1963, Section 27 -- Extinguishment of property to property - Plaintiffs were asked to vacate the suit property in 1984 by defendants on the strength of gift deed - But plaintiffs refused to heed the demand and continue to occupy the property - Since period of 12 years has elapsed from the specific refusal of plaintiffs to vacate the building from 1994..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 113B -- Cruelty - Suicide - Death due to poisoning within 3 years of marriage - No evidence on record which demonstrate that accused made any demand of dowry from deceased - Except making bald statements, no evidence adduced by PWs to prove any particular act of cruelty or harassment to which deceased was..........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 113A -- Abetment of suicide - Cruelty - Presumption - Deceased committed suicide by consuming poisonous substance within 7 years of her marriage due to harassment allegedly made by accused - However, there is no evidence on record that accused used to demand dowry from deceased and tortured her..........
Assam Urban Area Rent Control Act, 1972, Section 5(4) -- Non-payment of arrears of rent - Demand notice issued - Tenant not depositing rent within prescribed time i.e. within fortnight from date of service of notice - Eviction on ground of non payment of rent, held, proper...........
Service -- Dismissal - Illegal gratification - Appellant acquitted of all the charges levelled against him - Moreover allegations against appellant were made two years after the alleged demand of bribe - Dismissal from service set aside in view of fact that there was a considerable delay in levelling charges against appellant as well as acquittal of appellant of all the..........
