Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Victim did not support prosecution case - Evidence on record not proved that victim was a minor at the time of alleged offence - Victim has categorically stated that she had accompanied accused of her own will more than once and had maintained relations with him voluntarily - Factum that victim and..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand of illegal gratification is sine qua non to constitute offence under the Act - Mere recovery of currency notes also itself does not constitute offence under the Act, unless it is proved beyond all reasonable doubt that accused voluntarily accepted money, knowing it to be bribe...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Treated notes were recovered from hand of accused - Report received from FSL states that in sample of liquid sent for chemical examination, liquid was result of washing hands of accused and due to application of powder on currency note which were to be given as..........
Service -- Misconduct - Dismissal from service - Petitioner fired from his service revolver on his higher officers - Appellants were given opportunity to produce registers of entrustment of Self Loaded Rifle to petitioner - But, record was not available being old record as incident is of the year 1993 - Enquiry was initiated in 2013 after acquittal of petitioner from..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption u/ss 118, 139 of the Act - Complainant successfully proved by leading cogent and convincing evidence that he advanced Rs.1.50 lakhs to accused - Cheque issued by accused in discharge of its lawful liability - Presumption u/ss 118, 139 of the Act raises against accused, but no..........
Indian Penal Code, 1860, Section 304(2), Evidence Act, 1872, Section 106 -- Offence u/s 304(2) IPC - Deceased died in her matrimonial home rather in the room in which she used to live with her husband/accused - Provisions of S.106 of Evidence Act is thus, attracted - Accused admitted his presence at the place of occurrence - He informed brother of deceased about hanging -..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Issuance of process - Quashing of said order - Petitioner contended that the company has not been joined as party in the complaint - Plea not accepted as perusal of complaint shows that name of company is shown as accused no.1 - Moreover, it is director and the authorised..........
Agreement to sell -- Specific performance - It is an equitable relief - Once it is proved that plaintiff himself is guilty of delay and laches, then that itself is sufficient to disentitle him from the equitable relief...........
Evidence Act, 1872, Section 74, 64, 77, Civil Procedure Code, 1908, Section 2(17) -- Right to Information Act, 2005 - Response provided under RTI Act - Public Information Officer under RTI Act is a `public officer' and thus response provided by him falls within ambit of a public document which can be proved either by adducing original copy of the same or by filing a..........
Evidence Act, 1872, Section 103 -- Burden of proof - Lease - Proof - Plea sought to be proved not by Lease/Allotment Certificate itself but by a receipt of premium - Receipt of premium is not the same as Lease/Allotment Certificate and on its basis exclusive rights cannot be claimed and Court below has rightly held so...........
