Prevention of Terrorism Act, 2002, Section 34(1), 34(4) -- Appeal - Dismissal - High Court getting confused about case numbers of criminal appeals and related POTA case numbers - Impugned order set aside and matter remitted for decision afresh...........
Prevention of Terrorism Act, 2002, Section 34(1)(4) -- Appeal - Dismissal - High Court getting confused about case numbers of criminal appeals and related POTA case numbers - Impugned order set aside and matter remitted for decision afresh...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - PWs 1, 2 & 3 were far away from the field where the alleged incident took place - Identification was practically impossible from such a large distance particularly when the field was obstructed by standing crops of sugarcane which were not less than 6/7 ft. in height - PWs could not have seen the assaults not only..........
Punjab Land Revenue Act, 1887, Section 34, 36 -- Mutation of inheritance - Sanctioned on the basis of natural suceession - Will setup by grandson - Litigation regarding genuiness of Will pending in Civil Court - Will surrounded by suspicious circumstances - To be ignored while sanctioning the mutation of inheritance - After the decision of Civil Court, the party concerned..........
Punjab Land Revenue Act, 1887, Section 34, 36 -- Mutation of inheritance - Will - Surrounded by suspicious circumstances - Revenue Officers not to go into intricate question of law regarding validity of Will, which can be proved only in the Civil Court - Revenue Officers to ignore suspicious Will while sanctioning the mutation of inheritance...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Sole eye witness - His presence not corroborated by any witness - He not associated with investigation - Presence of eye witnesses at the spot and his deposition not inspiring confidence - Eye witness not a reliable witness - Conviction set aside...........
Civil Procedure Code, 1908, Order 34,, Rule 7, 8, Limitation Act, 1963, Section 6, 7, 8 -- Redemption - Person under disability - Limitation - Extension of time to deposit the redemption money - Anomalous mortgage - Petitioner filed the suit for possession by way of redemption as minor through guardian on 27.11.1980 - Suit partly decreed on 29.10.1981 - Preliminary decree..........
Civil Procedure Code, 1908, Order 34, Rule 8(1), Limitation Act, 1963, Article 137 -- Mortgage & other than usufructuary - Suit for possession by way of redemption - Limitation for getting the final decree passed - Limitation is three years from the date fixed in the preliminary decree, unless it is stayed or suspended or the time prescribed in the preliminary decree is..........
Civil Procedure Code, 1908, Order 34,, Rule 8(1), Civil Procedure Code, 1908, Section , Order 34,, Rule 7(2) -- Usufructuary mortgage - Redemption - Final decree - The mortgagee is not entitled to apply for final decree - Only a mortgagor can apply to the Court to pass a final decree on payment of the amount found due under the preliminary decree till his right to redeem..........
Civil Procedure Code, 1908, Order 34,, Rule 7, 8 -- Usufructuary mortgage - Redemption - Preliminary decree - Default in depositing the mortgaged amount - Mortgagor in usufructuary mortgaged is not debarred from a right to redeem the mortgaged property...........