Prevention of Corruption Act, 1988, Section 13(1)(e) -- 'Income' & 'known sources of income' - Meaning - 'Income' is receipt in the hand of its recipient - Every receipt would not partake into the character of income - Qua the public servant, whatever return he gets of his service, will be the primary item of his income - Other incomes which can conceivably are income qua..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Living in adultery - Wife left matrimonial home and living with her paramour in rented house - Landlord of house testified to this effect - Statement of daughter that her mother was leading an immoral life - Wife not willing to join her husband - Maintenance refused...........
Hindu Marriage Act, 1955, Section 25, 11 -- Permanent alimony - Second marriage during subsistence of first marriage - Second marriage proved to be solemnised according to Hindu Vedic Rites - Both cohabited for about 18 years and two children were born from said wedlock - Wife was forced to leave the matrimonial home on account of cruelty and immoral and unethical..........
Immoral Traffic (Prevention) Act, 1956, Section 13(1), 13(2), 2(i) -- Offence - Investigation - Must be by Police Officer not below rank of Inspector who has been specially appointed for area - Investigation by Sub Inspector who is not Police Officer for dealing with such offences in area is illegal - No prosecution can be laid on basis of such investigation - Proceeding..........
Girl -- Major - Can live with a man though not married with him - She can live with anyone she desires - This may be regarded immoral by society but it is not illegal...........
Hindu Law -- Debt of father - Pious obligation of son to pay - To ascertain the nature and the character of the debt so that it is not 'Avyavaharika' the circumstances and the conduct of the father antecedent to the incurring of the debt can be looked into - If the debt is not tarnished or tainted with immorality or illegality, then it is binding on the son - If father..........
Hindu Law -- Coparcenary property - Alienation by father - Alienation for payment of antecedent debt not incurred for immoral or illegal purpose but incurred for family necessity - Valid - Such alienation binding on sons as well...........
Hindu Law -- Partition suit by son - Coparcenary property - Alienation by father - Alienation for payment of antecedent debt not incurred for immoral or illegal purpose but incurred for family necessity - Suit filed maintainable without a prayer for cancellation of sale deed - Son entitled to question the validity and binding nature of sale deed without such a prayer -..........
Hindu Law -- Pre-partition debts - Sons are liable to pay the pre-partiton debts of the father even after partition under the theory of pious obligation if they are not immoral or illegal and for payment of which no arrangement was made at the partition...........
Suppression of Immoral Traffic Act, Section 9 -- Conviction - Challenged on the ground that investigation was done by Sub Inspector of Police, which was illegal - Contention was not sound in law and factually incorrect - Material was collected and verified by Assistant Commissioner of Police on which FIR was recorded and further investigation was carried - Investigation..........