Indian Penal Code, 1860, Section 302, 323 -- Murder and voluntarily causing hurt - Conviction - Validity - Appellant alleged to have assaulted deceased with axe and caused her death and injuries to her son - Serious contradictions in statement of injured son - He failed to explain injuries even on his person - He not bothered to inform about incident to police or to any..........
Punjab Land Revenue Act, 1887, Section 34, 36, 37 -- Punjab Land Record Manual, Chapter 7.16 - Registered sale deed - Validity - Jurisdiction of revenue officer - Held, mutation is a mere fiscal entry recorded by revenue officer to update revenue record and, therefore, neither confers nor divests a party of title - A revenue officer has no jurisdiction to opine as to..........
Stamp Act, 1899, Section 47A(2), Haryana Stamp (Prevention of Under Valuation of Instruments) Rules, 1978, Section 5(1) - - Market value of land - Determination - Validity - Only reason assigned for determining market value forthcoming from impugned order is bald assertion that property in question is located at Urban Estate, Hisar where all modern facilities and amenities..........
Indian Penal Code, 1860, Section 376, 417, 506 -- Rape and cheating - Acquittal - Validity - Accused alleged to have forcibly made sexual intercourse with prosecutrix who was aged about 20 years at the time of incident - Subsequently, on various occasions accused had sexual intercourse with her by obtaining her consent through false representations that he would marry her..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Direction by Court to grant - Validity - Application for sanction of prosecution rejected - Single Judge opines that there is mechanical disposal of application and sanction for prosecution has to be granted - Held, there can only be a direction to reconsider said application and proceed in accordance..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Grant of - Validity - Plaintiff sought injunction restraining defendant from carrying out any construction or committing any mischief in property - Construction of building is over and only interior finishing work like plastering, painting etc., are alone to be done - Occupancy certificate has been..........
Criminal Procedure Code, 1973, Section 432(5), Tamil Nadu Suspension of Sentence Rules, 1982, Rule 22(3), 40 -- Life convict - Grant of ordinary leave of 90 days - - Validity - Life convict suffering from serious illness - Disease progressive in nature - Cardiac and renal functions were deteriorating - No adverse report against convict - Superintendent of Central Prison..........
Punjab Land Revenue Act, 1887, Section 13, 16 -- Appointment of Lambardar - Validity - Collector, before coming to conclusion in favour of respondent `G', has considered comparative merit of all three candidates - Both petitioners do not belong to Reeti-patti to which vacancy of Lambardar belongs - Having clear edge on remaining two candidates/petitioners, another factor..........
Civil Procedure Code, 1908, Section 34 -- Arbitral proceedings - Award of interest - Validity - Though agreement is silent about provisions regarding claim of interest, yet Court as well as Arbitrator appear to have exercised discretion while awarding statutory interest @ 18% per annum to respondents - Held, no interference is called for - Appeal dismissed...........
Civil Procedure Code, 1908, Section 9, Land Acquisition Act, 1894, Section 4, 6, Constitution of India, 1950, Article 226 -- Acquisition proceedings - Jurisdiction of Civil Court - Held, Civil Court has no jurisdiction to go into the question of validity or legality of notification and declaration - Only right available for aggrieved person is to approach High Court U/A..........
