Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Demand of bribe by accused is a condition precedent to constitute an offence - However, mere demand by itself is not sufficient to establish offence, factum of acceptance plays very important role...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 420 -- Anticipatory bail - Criminal breach of trust - Cheating - Petitioner is 80 years of age - Age though is a relevant factor for consideration of his prayer for pre-arrest bail, but taking into account the fact that petitioner along with his son/co-accused committed criminal breach of..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354, 354A, 354B, 376(2)(f), 376(2)(k), 341, 342 -- Discharge - Sexual abuse - Sufficient material on record against accused - There is more than prima facie case against accused for which he is required to be tried - Some submission made by accused on conduct of prosecutrix are required to be..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Sudden fight between two brothers - Accused had not come armed to spot with a weapon of offence - No witness has testified as to any past enmity and acrimony between two brothers - No external injuries were present and noticed in rib area - There is hardly any evidence to suggest and show that..........
Agreement to sell -- Specific performance - Readiness and willingness - Admission of plaintiff no.2 that she was not possessed of sufficient funds cannot be read in isolation and it cannot be concluded that she was not possessed of sufficient means to pay balance sale consideration, as her husband had expired and she had succeeded to his estate - At the given moment..........
Indian Penal Code, 1860, Section 304(Part I), 100 -- Offence u/s 304(Part I) IPC - Right of private defence - Accused himself took the defence that he assaulted deceased in exercise of his right of private defence when deceased allegedly intrude inside his house and attempted to assault and molest his wife - One injury was caused to deceased, which was sufficient to cause..........
Service -- Recruitment - Post of lecturers in Government Colleges - Malpractices in written examination - Tampering of OMR sheets - Sufficient material was found against 196 persons who were beneficiaries of fraud in alteration of marks - Board was convinced that there were chances of more people being involved in manipulation of marks for which reason a decision was..........
Criminal trial -- FIR lodged by accused with regard to same occurrence - Failure of police to explain why it was not investigated, coupled with admitted fact that accused were also admitted in the hospital for treatment with regard to injuries sustained in the same occurrence, but the injury report was not brought on record and suppressed by prosecution, creates sufficient..........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Money decree - Arrest and detention of JD - Willful evading of payment by JD - DH contended that JD willfully and deliberately evading payment even though he is possessed of sufficient means to satisfy decree, as he is running a business - However, JD stated that said business is being run by his wife and not..........
Indian Penal Code, 1860, Section 364A, 302, 201, 34 -- Kidnapping for ransom - Murder - Circumstantial evidence - Recovery of dead body of deceased - Allegation that accused was seen carrying dead body of deceased in a rexin bag on the day after girl went missing - However, dead body was found after ten days - Post mortem conducted thereafter indicated time of death to be..........
