Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(2) -- Illegal gratification - Demand and acceptance - All PWs turned hostile - Superstructure upon which presumption u/s 20 of the Act has been drawn against accused by Court below is without any sufficient foundation - Since, it has neither been proved that a demand of illegal gratification was made by accused..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 467, 468, 477A, 120B, Criminal Procedure Code, 1973, Section 228, 401 -- Offence u/ss 13(1)(d), 13(2) of P.C. Act and Ss.420, 467, 468, 477-A, 120-B IPC - Framing of charge - Land in question was irrigated land, which was shown as barren/non-irrigated land due to connivance..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable break down of marriage - Husband performed second marriage after decree of divorce - Considering passage of more than 2 decades of separation of parties, children born from second marriage and child from marriage between parties already married, divorce granted on the ground of irretrievable breakdown of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Rejection of plaint - Jurisdiction - Civil suit against Gram Panchayat involving adjudication of rights of parties over suit property - Jurisdiction to decide any dispute as to whether any right, title or interest in any land or immovable property vests in Gram..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by wife - Husband treated the wife with cruelty by not having consummated the marriage for no valid reason - This conduct of husband has caused mental cruelty to wife - Moreover, they were living separately since 2017 and after dissolution of marriage wife remarried - Marriage between..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons sent, to address at Chennai, received back as `Unclaimed' as defendants are staying in USA - Court ordered substituted service by newspaper publication - Defendants deposited entire decretal amount to show their bona fides - One opportunity must be given to defendants to defend suit -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife performed marriage of daughter of couple behind back of husband - Does not amount to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false complaint - Mere acquittal or dismissal of complaint per se would not be sufficient to reach a conclusion that complaint was false or fictitious...........
Civil Procedure Code, 1908, Order 13, Rule 3 -- De-exhibiting a document - Unregistered sale deed executed on insufficient stamp paper - Document admitted in evidence initially - Un-registered sale deed not executed on sufficient stamp paper is hit by Ss.35, 36 of Stamp Act and S.17 of Registration Act is liable to be rejected U.O.13.R.3 CPC...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - There is ample ocular and documentary evidence adduced on behalf of wife demonstrating that she was subjected to cruelty and it fulfills all requirements u/s 13(1)(ia) of the Act to dissolve marriage in between parties - Divorce granted...........
