Indian Penal Code, 1860, Section 392, 302 -- Robbery - Murder - Circumstantial evidence - Last seen evidence - Accused were seen by PWs in the vicinity of neighborhood in the morning of day of incident - Last seen theory built up on the evidence of PW5 and PW7 leaves a significant margin of time during which crime could have been committed by somebody other than accused -..........
Constitution of India, 1950, Article 17, Protection of Civil Rights Act, 1955, Section 3 -- Untouchability - Free entry of Dalits in temples - If any member of Dalit community is prevented from enjoying rights which are available to members of Hindu Religion or section, it would certainly be an activity which attracts penal provision contained in S.3 of the Act - Even,..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(1), (4), Security Interest (Enforcement) Rules, 2002, Rule 8(5), Constitution of India, 1950, Article 35A, 246, Jammu and Kashmir Transfer of Property Act, 1977, Section 140 -- Enforcement of security interest - Anything that comes in the way of SARFAESI by way..........
Dowry Prohibition Act, 1961, Section 4, Probation of Offenders Act, 1958, Section 4 -- Offence u/s 4 of the Act - Minimum sentence - Meaning - Quantum of punishment which cannot be reduced below the period fixed or a sentence which must be imposed without leaving any discretion to Court - If sentence can be reduced to nil, then statue does not prescribe a minimum sentence..........
Criminal Procedure Code, 1973, Section 320 -- Compounding of offence - Where offences are compoundable and case is committed for trial or accused is convicted and appeal against conviction is pending, compounding can be allowed with leave of Court - According to S.320(6) Cr.P.C, High Court or Court of Session in exercise of its power of revision u/s 401 may allow any..........
Criminal Procedure Code, 1973, Section 228(1)(b), 464 -- Omission to frame written charge - S.464 Cr.P.C. naturally comes after S.228(1)(b) Cr.P.C. therefore, S.464 Cr.P.C. is a curative section and the defect that trial Court did not frame in writing a charge against accused can safely be cured...........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Pleadings - In pleadings parties have not to plea the law but the facts - It is on perusal of facts of the case that Court has to see as to what provisions of law are applicable or not - Observation of appellate Court discarding application of any particular section on the ground that it is beyond pleading is against the basic..........
Service -- Selection - Post of Section Officer from feeder category of assistant - Limited Departmental Competitive examination - Fixation of cut off marks for examination - Left to discretion of Service commission - Candidates who aspire to get selected to the post should qualify such cut off marks fixed for written examination - It is immaterial whether it is for repeat..........
Indian Penal Code, 1860, Section 306, 304B -- Abetment of suicide - Dowry death - Deceased committed suicide by pouring kerosene oil on herself and set herself on fire within 4 years of her marriage - She was repeatedly assaulted by accused/husband - Complaint made by deceased to women cell shows that deceased made every attempt to salvage her marriage and herself -..........
Protection of Women From Domestic Violence Act, 2005, Section 17, 18, 19, 20, 21, 22 -- Reliefs available under the Act - Magistrate can grant the reliefs viz. (i) to grant relief to protect the right to reside in the shared household (section 17), to pass protection orders (section 18) to prevent the commission of any act of domestic violence, pass residence orders..........
