Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendant has not only failed to show sufficient cause for his prolonged absence before trial Court but has also approached High Court after exhausting two rounds of adjudication both trial Court and revisional Court having concurrently..........
Criminal Procedure Code, 1973, Section 155(1), 155(2) -- Non-cognizable offence - Magistrate has passed an order on requisition submitted by SHO of Police Station by writing the words as I.O. is directed to conduct investigation - Said endorsement on requisition submitted by Police Officer is not a judicious order having applied its mind and there is no application of..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree passed with direction to petitioner to remove obstruction on approach road and further restraining petitioner from causing obstruction to plaintiff's right of way - Said decree makes a reference to a map in which road is shown - Entire dispute revolved around the access road leading from..........
Indian Penal Code, 1860, Section 302, 201, 34, Arms Act, 1959, Section 25(1)(a), 5 -- Offence u/Ss. 302, 201, 34 IPC & Ss.25(1)(a), 5 Arms Act - Conviction - Prosecution failed to prove directions of entry or exit of bullet or explain its inward or outward journey - Even, imprints on pistol have not been matched with accused - Prosecution witnesses testified that accused..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Subsequent conduct - Subsequent conduct of cleaning up the scene and restoring living room in its original shape, although punishable in law, does not become so unnatural that it could be made basis to convict accused for commission of murder without additional evidence to that effect...........
Indian Penal Code, 1860, Section 302, 201 -- Murder of husband by wife - Death by poisoning - No eye witness to occurrence - Factum of recovery of dead body from pond at the instance of accused stands fully established - Dead body was duly identified by sister of deceased - Proximity of place of recovery of dead body from pond near house of accused is in tune with case of..........
Indian Penal Code, 1860, Section 376 -- Rape - Consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery of State - Such conduct not only burdens Courts, but blots identity of an individual accused of such a heinous offence...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 307, 323, 506, 34 -- Cancellation of bail - Attempt to murder - No material to show that accused has attempted to interfere with trial, threaten complainant or committed any subsequent offence - Mere assertion that trial Court ought to have taken a different view does not by itself, justify..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Accused subjected deceased to mental and physical cruelty - Pattern of behaviour shown by accused amounts to "willful conduct of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to her life, limb or health," as defined u/s 498-A IPC - Incidents of sustained cruelty and..........
Micro Small and Medium Enterprises Development Act, 2006, Section 18(4) -- Jurisdiction for arbitration in Facilitation Council - Appellant MSME is located in Delhi - In exercise of its power, Facilitation Council entrusted the conduct of arbitration through institutional aegis of Delhi Arbitration Centre - Private agreement between parties stands overridden by statutory..........
