Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - Unless both demand and acceptance are established, offence of obtaining pecuniary advantage by corrupt means covered by S.13(1)(d)(i), (ii) of the Act cannot be proved...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties have been living separately from last 8 years - There is total lack of any effort on part of either of them to stay together - Effort to unite them before Mediation have proved futile - Marriage between parties has ceased to exist in substance and in reality and thus,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - Fact regarding delivery of goods under two invoices and issuance of two cheques is proved directly and also proved by corresponding ledger entries - Payment of Rs.7 lakhs towards part payment of goods sold under said two invoices is an undisputed fact - Defence taken by accused that goods..........
Indian Penal Code, 1860, Section 302, 325, 34, 149 -- Murder - Testimony of two injured/eye witnesses - Serious doubt as to whether PW1 and PW2 had really seen the accused assaulting deceased with the blunt edge of spade - Prior enmity between these two eye witnesses and accused - Three independent eye witnesses whose statements were recorded not examined by prosecution -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred in the house of PW1 when only accused and deceased were there - Accused used the spade which was very much available in the house of PW1 - No evidence to establish that accused had any motive to commit murder of her own father - Prosecution has utterly failed to establish that act..........
Indian Penal Code, 1860, Section 392 -- Offence u/s 392 IPC - Case is not proved in terms of recovery of articles from accused - No such inventory has been made in pursuance of said complaint - Even, in complaint detailed particulars of articles are not indicated - Benefit of doubt thus, given to accused - Accused acquitted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Illegitimate relationship of wife with two persons - Husband alleged that there were two eye witnesses to the illegitimate relationship of wife - However, husband has not chosen to examine any one of them - Even the letters written to wife by one `J' is not placed on record - Except the pleading..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife deserted husband because husband got remarried with one lady - She was thus, residing away from husband due to reasonable cause - Plea of husband that he has taken customary divorce from wife not accepted, as there is no evidence to prove said custom - Allegations were made against wife by husband..........
Indian Penal Code, 1860, Section 394, 397, Arms Act, 1959, Section 25 -- Offence u/ss 394, 397 IPC and S.25 of Arms Act - Two witnesses who reached the spot on a tractor did not support prosecution case - Improvement in statement of complainant which makes the case of prosecution doubtful - Material witness who is named in FIR and on whose arrival at the scene of crime..........
Will -- Proof - Defendant pleaded that testator had no right to execute the Will and he did not execute the Will with a sound mind - Will was thus admitted document which was not even required to be proved by plaintiff - Even if it is assumed that same was required to be proved, S.68 of Evidence Act does not apply - As it was proved on record that neither executant nor..........
