SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 304B, 498A, 306, 302, 34-- Dowry death - Cruelty - Deceased died within 7 years of her marriage as a result of drowning - No marks of injury on the body of deceased were shown in inquest panchnama and post mortem report - Theory that deceased was done to death earlier and thereafter her body was thrown into well, rightly..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Injury found in post mortem report of deceased completely consistent with ocular version of PWs, who stated that co-accused is the author of said injury - PWs consistently stated that none of present appellant had dealt any blow by any weapon and all that they did was to participate in..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25-- Murder - Circumstantial evidence - Motive of crime is not necessarily required to be proved - But where accused are named on suspicion by informant in FIR, motive appears to be relevant fact...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25-- Murder - Circumstantial evidence - Testimony of chance witnesses - No evidence on record that how chance witnesses who stated that they heard altercation between accused and deceased after midnight, knew them - Testimony of chance witnesses cannot be said to be reliable or trustworthy,..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25-- Murder - Circumstantial evidence - Medical evidence not supported the ocular evidence as stated by chance witnesses - Motive of crime not proved on record - In FIR it is not mentioned as to why deceased had gone in his separate scooter with accused from his house - Accused were named on suspicion..........
DELHI HIGH COURT
Year of decision: 2017
Details
Arbitration and Conciliation Act, 1996, Section 34, Sale of Goods Act, 1930, Section 64A-- Setting aside of award - Increase in price of diesel - No escalation clause in contract - Rejection of claim - Arbitrator overlooked S.64-A of Sale Of Goods Act - Increase in price of diesel which was a statutory increase had to be compensated - Award set aside - Cost compensated...........
DELHI HIGH COURT
Year of decision: 2017
Details
Arbitration and Conciliation Act, 1996, Section 31(3), 34-- Setting aside of award - Excepted matters - Arbitrator declined to adjudicate the claims on the ground that the matter is excepted matters without giving any reasons - Award held, to be in conflict with public policy and is hereby set aside...........
DELHI HIGH COURT
Year of decision: 2017
Details
Arbitration and Conciliation Act, 1996, Section 34-- Setting aside of award - Excepted matters - Unauthorized deductions - Arbitrator rejected claim on the ground that these were excepted matters without actually examining if foundational conditions for such exclusion were satisfied - Excluding of above claims from purview of arbitration, there..........
DELHI HIGH COURT
Year of decision: 2017
Details
Arbitration and Conciliation Act, 1996, Section 34-- Setting aside of arbitral award - Jurisdiction of arbitrator to decide on validity of agreement between parties - Arbitrator can do so provided same is subject matter of dispute...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Merely because injured was not taken to nearest hospital, it does not create doubt as to place of incident, particularly when injured was in critical condition and there were no facilities to treat the critically injured patient at nearest place...........