Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Plaintiff wants to convert the suit for permanent injunction to specific performance on the basis of agreement to sell - Originally suit for permanent injunction filed against President and Secretary individually - Appropriate party would be society represented by its..........
Constitution of India, 1950, Article 15, 14, 21 -- Gender discrimination - Society which does not respect its women cannot be treated to be civilized because civilization of country is known how it respect its women...........
Indian Penal Code, 1860, Section 304A -- Offence u/s 304-A IPC - Not an offence which is private in nature, but is offence which has serious impact on society as a whole - Such an offence therefore, cannot be quashed on ground of compromise/settlement...........
Indian Penal Code, 1860, Section 408 -- Criminal breach of trust - Allegation that accused being President of Co-operative society, withdrawn the society funds and misappropriated the same - However, prosecution failed to lead any cogent material regarding misappropriation of cash by petitioner, even though entrustment part has been proved - Basic ingredient of S.408 IPC,..........
Criminal Procedure Code, 1973, Section 156 -- Failure in investigation - Transfer of investigation to CBI - Murder of popular personality on streets of industrial town - Investigating agency could not bring identity of assailants not only exposes its inefficiencies but also deals a severe blow to upholding rule of law - Therefore, to instill confidence in mind of society..........
Maharashtra Police Act, 1951, Section 56 -- Objective - To protect area or areas of districts from probable danger of commission of offences by externee as externment would sever his link with normal area of his criminal activities and would reduce his criminal propensity in general - Majority of people may live in peace and harmony and will be able to carry on their..........
Criminal Trial -- Criminal Offence is one against society at large casting onerous responsibility on State, as guardian and purveyor of human rights and protector of law to discharge its sacrosanct role responsibly and committedly, always accountable to law-abiding citizenry of any lapse...........
Constitution of India, 1950, Article 21 -- Fair Trial - Right to fair trial is not singularly absolute, as is perceived, from perspective of accused - It takes in its ambit and sweep right of victim(s) and society at large - These factors would collectively allude and constitute Rule of Law, i.e., free and fair trial...........
Constitution of India, 1950, Article 21 -- Fair Trial - Fair trial which is constitutionally protected as substantial right u/Art.21 and also statutory protection, does invite for consideration a sense of conflict with interest of victim(s) or collective/interest of society - When there is an intra-conflict in respect of same fundamental right from true perceptions, it is..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Claim by husband - Idleness of husband - No evidence adduced to show that in spite of efforts husband could not get any employment - If such an attitude is taken by Courts, then idleness of husbands will be promoted and they will be tempted not to do any work and depend on the wife for their livelihood,..........
