Indian Penal Code, 1860, Section 363, 363A,366, Constitution of India, 1950, Article 19 -- Elopement - Victim of offence not an accused - She could not be directed to be detained by any Court of law if she is above 18 years of age in a case u/ss 363, 363-A, 366 - No Court could legally authorize detention of such victim because she being major had Constitutional right of..........
Criminal Procedure Code, 1973, Section 82, 83 -- Communal riots - Petitioner victim of communal riots - FIR registered but accused not arrested despite repeated orders of High Court - Held, in case accused persons are not traceable appropriate proceedings must be initiated u/ss 82 & 83 of CrPC for their arrest and proceed in accordance with law, expeditiously - DM shall..........
Evidence Act, 1872, Section 3, 8 -- Motive - Murder case - Existence of motive for committing crime not absolute requirement of law but always a relevant factor - Courts will take into consideration as it will render assistance while analysing prosecution evidence and determining guilt of accused...........
Indian Penal Code, 1860, Section 406, 34, Employee's Fund and Miscellaneous Provision Act, 1952, Section 2(e), 14A, Employee's State Insurance Act, 1948, Section 2(17) -- Criminal breach of trust - Non payment of employee's contribution and employers' contribution towards provident Fund and Family Pension Fund payable by the company - Employer - Definition - Employer not..........
Constitution of India, 1950, Article 136 -- Concurrent findings - Special leave petition - Interference - Held, when evidence is legally admissible and has been appreciated by Courts in its correct perspective then merely because another view is possible, this Court, in exercise of its powers u/Art. 136 of the Constitution, would be very reluctant to interfere with the..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary parties - Non impleadment - Once the Court comes to the conclusion that the suit is bad for non joinder of necessary parties, the suit cannot be dismissed and an opportunity has to be given to implead the said party as a party to the suit and proceed with the trial of the case according to law - The suit cannot be..........
Succession Act, 1925, Section 217, Limitation Act, 1963, Article 137 -- Probate - Delay of more than 25 years in filing probate case - No explanation regarding delay - Explanation that applicant husband did not know legal implication of probate and hence did not file probate application earlier - Held, no explanation in the eye of law - Petition for probate barred by..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Liability of shareholders - Contention that appellants No.2 and 3 could not be made liable for dues of appellant No.1 who had issued cheque in question - Trial Court has observed that appellant No.1-company is an alter ego of appellants No.2 and 3, and on corporate veil being lifted, it would become clear that..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Factors to be considered - Held, while considering the prayer for grant of anticipatory bail, the balance has to be struck between two things namely no prejudice is caused to the free, fair and full investigation and that there should also be prevention of harassment, humiliation and unjustifiable..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Death of appellant during pendency of appeal - L.R's impleaded - Death of one of the L.R's - His L.R's not impleaded in time - Appeal abates - Held, on death of one of the L.R's right to sue survives on his legal representatives and not on the other legal representatives of the original appellant, who are already on record..........
