Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death by burning - Unnatural death within 7 years of marriage - All PWs stated about repeated demands of dowry - Corroborative and documentary evidence establish demand of dowry - Letters written by deceased to her family members reflects anguish and suffering deceased was undergoing at that time -..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Mortgage property cannot be redeemed on payment of a part of the mortgage money - However, only exception is when a mortgagee has acquired, in whole or in part, share of a mortgagor...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 468, 471, 477A, 120B -- Offence u/s 13(2) & 13(1)(d) of P.C. Act 1988 and Ss.420, 468, 471, 477A, 120-B IPC - Allegation that accused No.1 made false entries in furniture account and issued a false certificate to enable accused No.2 to receive funds from Panchayat - Simply..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan amount - Solitary instance of giving a loan does not make a person "Money Lender"...........
Specific Relief Act, 1963, Section 28(3) -- Payment of purchase money - Period of limitation - No period of limitation has been prescribed u/s 28(3) of Act for payment of purchase money - Court concerned has duty to stipulate time for payment of purchase money - Court has also power to extend said time...........
Specific Relief Act, 1963, Section 28(1) -- Extension of time - Court can extend time fixed for payment of purchase money, even without aid of S.148 CPC - S.148 CPC therefore, has no application in such case...........
Specific Relief Act, 1963, Section 28(1) -- Rescission of contract - Pre-condition for filing an application u/s 28(1) of Act by defendant is that there should be failure from the part of plaintiff to pay the purchase money within the period prescribed in decree or within such further period as Court may allow...........
Specific Relief Act, 1963, Section 28(3) -- Decree for specific performance - Pre-condition for filing an application u/s 28(3) of Act is that plaintiff should pay the purchase money within the period prescribed u/s 28(1) of Specific Relief Act...........
Indian Penal Code, 1860, Section 420 -- Cheating - No evidence on record that prosecutrix ever handing over her belongings and money to accused - Prosecutrix failed to disclose any date of handing over money to accused - There is in fact no evidence on record to prove allegations constituting an offence u/s 420 IPC - Offence u/s 420 IPC not made out against accused -..........
Criminal Procedure Code, 1973, Section 321 -- Illegal gratification - Withdrawal of prosecution - If a public servant is caught red-handed demanding and accepting bribe, prosecution against such officer cannot be dropped on the ground that such officer has retired from services and he took the money recovered from him as a hand loan, as it would amount to making mockery of..........
