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PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 155, 145-- Impeaching credibility of witness - Confrontation to his earlier admitted statement recorded u/s 161 Cr.P.C - Accused has a right to get a fair trial and for that he is required to be given reasonable opportunity to defend himself in trial to permit him to confront witnesses with statement and..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Industrial Disputes Act, 1947, Section 17A-- Ex parte award - Award becoming enforceable - Labour Court/Tribunal is not functus officio after award has become enforceable as far as setting aside an ex parte award is concerned - In case a party is able to show sufficient cause within a reasonable time for its no, appearance in Labour..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3, 4, 6-- Parole - Parole to petitioner rejected on ground that he may abscond - Since, petitioner is facing trial, his guilt can only be established on his conviction by Court of competent jurisdiction and same cannot be pre-judged on mere allegation of charges that have been framed - Moreover, benefit of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 357A, Protection of Children from Sexual Offences Act, 2012, Section 6-- Rape - Compensation to victim - DLSA (District Legal Services Authority) rejected application of petitioner on ground that Court which passed order of conviction and sentence has not further passed the order of compensation - Order of rejection set aside as petitioner cannot be deprived of amount..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Interim maintenance - Application of wife rejected solely on basis of qualification and her capacity to earn - Merely because wife is qualified, it is no ground to hold that she is in position to maintain herself - Trial Court erred in rejecting application without considering ability of wife to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Haryana Good Conduct Prisoners (Temporary Release) Amendment Act, 2014, Section 3(1)(a), 2(b)-- Parole - For admission of his children - Claim of petitioner rejected on ground that he may commit serious offence, in case he is released on parole - No other case is registered against petitioner and it has not been mentioned that he was ever convicted earlier also - Gram Panchayat also..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Service-- Pensionary benefits - Respondent retired from the post of Train Examiner - Pension of respondent correctly fixed on that basis - However, respondent claiming benefit of revised pay of Junior Engineer Grade-II, as he alleged to be re-designated to said post - Tribunal rightly rejected said claim by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(a)-- Parole - Parole to petitioner rejected on ground that he is hardcore criminal and is involved in many serious offences - However, as per definition of hardcore prisoner, petitioner does not fall under the category of hardcore prisoner - Moreover, release on parole to be declined only if release is..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 313, 420, 452, 504, 506-- Discharge - Rape case - Prosecutrix willingly consented to having sexual intercourse with accused with whom she was deeply in love, not because he promised to marry her but because she also desired it - It cannot be therefore, hunt prudent mind that she has consented in consequence of..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 99, 101-- Execution - Objection by co-sharer - Decree of specific performance - Objector earlier also filed application objecting execution of decree, which was rejected on merits and attained finality - Yet after 5 years of such rejection, virtually on similar grounds subsequent application filed -..........

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