Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Evidence Act, 1872, Section 114(g) -- Illegal gratification - Demand and acceptance - Adverse inference - Reason for demand of bribe is execution of eight works by PW1 - Details of works were available according to PW1 - However, such proof was not produced - Adverse inference has to be drawn against..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife always avoiding company of husband on one pretext or other - Allegations leveled by wife against husband with respect to his illicit relationship, committing marpeet and also demand of dowry by husband are bald allegations, as no evidence and material was placed on record to show..........
Evidence Act, 1872, Section 65B -- Whatsapp messages - Proof - Screen shot of whatsapp messages are secondary evidence - Admissible in evidence subject to requirement of S.65-B of Evidence Act with liberty to accused to cross examine complainant with regard to authenticity of said electronic documents and certificate - Evidentiary value and relevancy of said electronic..........
Evidence Act, 1872, Section 65B -- Whatsapp messages - Proof - Screen shot of whatsapp messages are secondary evidence - Admissible in evidence subject to requirement of S.65-B of Evidence Act with liberty to accused to cross examine complainant with regard to authenticity of said electronic documents and certificate - Evidentiary value and relevancy of said electronic..........
Indian Penal Code, 1860, Section 494 -- Bigamy - To constitute offence u/s 494 IPC second marriage should have been celebrated with proper ceremonies and in due form - `Saptapadi' ceremony is one of the essential ingredients to constitute a valid marriage - Said evidence lacking - Also there is no such averment in the complaint as well as in the statement u/s 200 and 202..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Question of possession is necessarily a question of fact which has to be adjudicated by trial Court on the evidence led by parties - Since petitioners have tried to collect evidence which is not permissible under law - Application rightly rejected...........
Hindu Law -- Joint Family property - Petitioners are claiming their rights on property in dispute as joint or Co-tenure holder, as property had been purchased from the funds of joint Hindu Family - However, petitioners failed to prove the same and in absence of any evidence to that effect petitioner could not have been granted the benefit of getting the property treating..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Evidence on record shows that there has been no intention on the part of wife to desert husband, in as much as on every occasion based on mediation between parties, she has returned back to matrimonial home - Even in present proceedings wife insisting to stay in matrimony with..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Accused accepted the receipt of amount of Rs.20,000, however, stated that said amount was towards loan that was asked by accused and complainant agreed to provide said loan - Reason for which loan was sought is not explained - No promissory note was executed nor any receipt - Answer given to DSP..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 61, 64 -- Dishonour of cheque - Additional evidence at appellate stage - Certified copy issued by private bank - Not per se admissible - Same is required to be proved by way of evidence - Since there is no prayer to prove the document so the request to..........
