Indian Penal Code, 1860, Section 405, 406 -- Criminal breach of trust - Mere wrong demand or claim would not meet conditions specified by S.405 IPC, in the absence of evidence to establish entrustment, dishonest misappropriation, conversion, use or disposal which action should be in violation of any direction of law or legal contract touching the discharge of trust...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court should record its reasons for admitting additional evidence - Mere reference to peculiar circumstances of case, or mere statement that evidence is necessary to pronounce judgment or that additional evidence is required to be admitted in the interest of justice, or that..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Court cannot out rightly reject an application u/s 45 of the Act on a mere presumption that subsequent signatures on written statement and Vakalat could have been changed deliberately...........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Interim custody of 3 years old son - Claimed by mother - Mere fact that mother filed the petition for seeking custody of child after about gap of 10 months, after parting ways, ipso facto does not challenge the bonafides on the part of mother - Even though indulgence of mother in litigation against father of child..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), (ii) -- Illegal gratification - Demand and acceptance - In order to prove fact in issue i.e demand and acceptance of illegal gratification following aspects have to be borne in mind: (i) If there is an offer to pay bribe giver without there being any demand from public servant and latter simply accepts the offer..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), 13(1)(d)(ii) -- Illegal gratification - Demand and acceptance - In order to prove fact in issue i.e demand and acceptance of illegal gratification following aspects have to be borne in mind: (i) If there is an offer to pay bribe giver without there being any demand from public servant and latter simply accepts the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - Allegation that wife leads adulterous life is required to be proved by leading cogent evidence - Mere production of photographs that too before High Court will not suffice to assert that wife leads adulterous life and therefore she is not entitled to maintenance - Wife rightly awarded..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of Ganja - Delay in producing contraband before Court - Mere delay in producing contraband article is no reason to reject entire prosecution case...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Application by wife - Mere fact that applicant is a lady and she had difficulty in travelling may not detain Court for the reason as she is traveling daily from Lucknow to Barabanki for her job - Moreover, husband is willing to pay charges for her travel - Transfer application disposed of with..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Mere possession of qualifications by wife who is admittedly not employed, cannot ipso facto be a reason to deny interim maintenance altogether...........
