Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27 -- Murder - Gu, shot injury - Sentence - Accused has undergone more than 14 years of jail sentence and he is still in Jail undergoing his sentence - He is thus, eligible for his release by State in terms of Rules in accordance with law depending upon a case made out by him - Liberty granted to accused to..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused convicted and sentenced for life imprisonment - Accused served 11 years in jail - State directed to consider the case of accused for premature release on completion of total sentence of 14 years including remission as a special case - In case any delay in taking decision, accused shall released on self bond on..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused spent 20 years of actual imprisonment - State directed to consider and take decision on premature release of accused - However, as accused is in jail, he is directed to be released subject to final orders passed by State Government...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 409, Essential Commodities Act, 1955, Section 3, 7 -- Anticipatory bail - Offence u/ss 420, 409 IPC and Ss.3, 7 of Essential Commodities Act - Accused was running a rice mill and failed to return required quantity of rice after custom milling - State permitted to attach all the immovable..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of sole arbitrator - Dispute between government company and State through its authority Maharashtra Housing and Area Development Authority (MHADA) - Dispute between parties not resolved by mutual hearing - Keeping in view the nature of controversy, status of parties and mandate contained in O.27.R.5 CPC,..........
Medical Council of India Act, 1956 -- Consent given for laparoscopy surgery of Gall Bladder - Doctor while performing laparoscopy found some inflammation, adhesion and swelling on Gall Bladder - He came out of operation theater and informed husband of patient about condition of gall gladder and sought his consent to do conventional surgery - It is a natural conduct and..........
Hindu Law -- Mitakshara Law - Benaras school of Mitakshara Law covers practically the whole of North India - Punjab is an exception as here Mitakshara Law is modified considerably by custom on certain points - Whole matter has to be viewed keeping in mind customary Hindu Law prevailing in State of Punjab during relevant period of time...........
Hindu Law -- Benaras School of Mitakshara Law as modified by custom is to be applied in the State of Punjab at the relevant time - Alienation of property by way of gift by mother in favour of three daughters - Alienation made in 1951 in which all the three daughters were given equal shares in property by mother by relinquishing her share in property, was permissible under..........
Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 -- Sch.II, Part XII, Item No.42 - `Kulis' community - State failed to show that there is any community caste or tribe known as `Kulis' - Community is known as `Kuli' - It is apparent that term `Kulis' used is in the nature of plural for `Kuli' - Even otherwise, both the terms have been used interchangeably..........
Land Acquisition Act, 1894, Section 4, 3(c) -- Acquisition of land - State appointed Special Tehsildar as Collector for the land in question as per its notification - However, State empowered only in respect of land for which notification u/s 4 of the Act had already been issued - Special Tehsildar not authorized to act as Collector for entire District concerned - However,..........
