Showing : 631-640 of 2812 Results

MADRAS HIGH COURT
Year of decision: 2016
Details
Guardians and Wards Act, 1890, Section 29, 30, Specific Relief Act, 1963, Section 34-- Alienation by guardian of minor is voidable - Suit for declaration and consequential relief for recovery of possession in absence of prayer to set aside alienation - Not maintainable...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 342, 363, 366, 372, 373, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 8, 12-- Bail - Case of trafficking under garb of marriage - Applicant and his agent took advantage of economic stringency of mother of complainant and had found them vulnerable and cheated complainant and ruined her life forever - Prima facie evidence on record is against applicant - Applicant does not..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34-- Delayed FIR - Murder case - Offence committed at around 4-5 p.m - Registration of FIR at police station between 7.30 to 8.00 p.m. - No reason to draw adverse inference, particularly when after occurrence, deceased was taken to nearby nursing home where he was declared dead and body remained there..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 302, 34-- Delay in sending FIR to Magistrate - Murder case - Where recording of FIR is proved on record, mere delay of 5 days in dispatch of FIR from the police station to Magistrate Court has no bearing on the basis of which any adverse inference can be drawn, particularly when no questions were put to I.O..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Testimony of eye-witnesses - Deceased and accused both belong to same locality - Occurrence was witnessed by several witnesses including eye witnesses who proved prosecution case - All the eye witnesses deposed in one voice regarding presence of accused at the place of occurrence, about..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6-- Rape of minor girl - Bail - Prosecutrix already examined - Few other material witnesses were yet to be examined - As per record, threats were extended to prosecutrix as well as her family members - Held, High Court should not have granted bail to accused ignoring all the material and substantial..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6-- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - Supreme Court would normally not interfere with such a discretion, unless it is found that the discretion itself is exercised on extraneous considerations and/or the relevant factors which need to be taken into..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6-- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - When bail is granted against principles of law, while undertaking the judicial review of such an order, it needs to be examined as to whether there was arbitrary or wrong exercise of jurisdiction by the Court granting..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Arbitration and Conciliation Act, 1996, Section 34, 37-- Arbitral award - A person aggrieved by award can file objections u/s 34 of the Act, and if aggrieved on the order passed thereon, can prefer an appeal - Court can set aside the award or deal with the award as provide under the Act - If a corrective measure is thought of, it has to be one in..........
KERALA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration that sale deed in question was bereft of consideration and vitiated by coercion - Absence of pleading and proof to establish intention of plaintiff to sell - However, defendant stated that sale deed in question is a continuation of agreement to which plaintiff was a party and..........

Showing : 631-640 of 2812 Results