Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Accused pleaded that he has no role to play in auction of fish pond of village and could not grant any benefit to complainant - Plea rejected as demand and acceptance of illegal gratification is proved on record - Moreover, BDPO is the officer through whom resolution of Gram Panchayat is to be..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - False implication - No direct evidence on record that I.O was having any personal grudge against accused - So far as past conduct of I.O is concerned, same is not relevant as it may be in the peculiar facts of a particular case and has no bearing in present case - Moreover, complainant, shadow..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife alleges that husband soon after marriage started beating and torturing her after consuming alcohol - Said fact remained u, rebutted as well as uncontroverted - Plea of husband that there is no specific allegation of cruelty loses its significance in the absence of proper rebuttal on this point - Ground..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Tolerance to each other's fault when goes out of tolerable limits beyond matrimonial alliance, marital discord takes place and germs of cruelty are born out...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mental or physical - If cruelty is mental, nature of ill-treatment meted out to either of spouse and its adverse effect may not be seen by bare naked eye and if it is physical, degree of such act and its effect would be seen - Ultimately, it is a matter of inference to be drawn by taking into account the..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife with consent of husband and his family members living separately to educate minor child - Wife was to join her matrimonial house after examination of child was over - Instead of that wife went to her parental home and never returned - Wife did not even comply with decision of Panchayat in terms..........
Prevention of Corruption Act, 1988, Section 7, 13, Indian Penal Code, 1860, Section 120B, 201, 34, Criminal Procedure Code, 1973, Section 439 -- Bail - Illegal gratification - Applicant a police personnel demanded Rs.20,000 from complainant for not arresting him in a case - Transcript of allegedly recorded telephonic conversation between complainant and applicant read out..........
Prevention of Corruption Act, 1988, Section 7, 13, Indian Penal Code, 1860, Section 120B, 201, 34 -- Illegal gratification - Since the applicant is a Delhi Police personnel serving the citizens in NCTD and functions of Delhi Police personnel substantially and essentially relate to affairs of GNCTD, thus, Anti Corruption Bureau of GNCTD has jurisdiction to entertain and act..........
Prevention of Corruption Act, 1988, Section 7, 13, Constitution of India, 1950, Article 239AA - - `Public Order' - Offence under P.C. Act per se would have no bearing on `Public Order' - `Public order' implies absence of violence and an orderly state of affairs in which citizens can peacefully pursue their normal avocations of life - Entry 1 of List II of State list would..........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(2), Indian Penal Code, 1860, Section 409, 465, 471, 477A -- Criminal misconduct - Misappropriation of money by using forged documents and falsifying accounts - Prosecution has to specifically allege and prove the dishonest and fraudulent intention of accused in order to attract all the alleged offences as in the..........
