Indian Penal Code, 1860, Section 302, 149 -- Murder - Evidence of eye witnesses reliable and consistent - Medical evidence was also consistent with ocular evidence and it corroborated direct evidence of eye witnesses - Minor improvements, embellishments etc. apart from being far yield of human faculties are insignificant and ought to be ignored since evidence of witnesses..........
Indian Penal Code, 1860, Section 302, 201, 34, Arms Act, 1959, Section 27, Evidence Act, 1872, Section 3 -- Murder - Contradictions in the evidence of PWs regarding narration of occurrence, was minor in nature, not touching the root of prosecution case - Evidence cannot be discarded merely on the said contradictions...........
Protection of Children from Sexual Offences Act, 2012, Section 10 -- Sexual assault of minor girl aged about 8 years - Testimony of child victim - Accused 60 years old, committed aggravated sexual assault upon child victim by touching her waist and vagina - Victim gave statements at different stages of investigation/trial, but her version is consistent through out - She..........
Protection of Children from Sexual Offences Act, 2012, Section 10 -- Sexual assault of minor girl aged about 8 years - Reduction of sentence - Minimum sentence prescribed u/s 10 of the Act is R.I of 5 years, which cannot be modified or altered - Accused aged 60 years committed sexual assault on 8 years old girl, who is akin to his daughter - He was also involved in various..........
Indian Penal Code, 1860, Section 506, Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 5(n), Evidence Act, 1872, Section 3 -- Rape of minor girl - Appreciation of evidence - It appears that the credibility of depositions laid by the prosecution is under cloud which needs demystification by way of re-examination - This is a rare and exceptional case..........
Mines and Minerals (Regulation and Development) Act, 1957, Section 15(1), 23(c), Assam Minor Mineral Concession Rules, 1994, Rule 1, Assam Minor Minerals Concession Rules, 2013, Rule 3(b), 79(2) -- Mining lease - Granting of settlement - In the instant case, Principle Approval and Final Approval granted by Central Government u/s 2 of FC Act treating respondent No.11 to be..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to illegitimate daughter - Father contended that since mother of child is living in adultery and minor daughter is not his daughter, he is not bound to maintain her - Contention rejected, as said contention has no substance in view of S.125(1)(b) Cr.P.C. - Maintenance rightly awarded to illegitimate daughter...........
Medical Termination of Pregnancy Act, 1971, Section 3 -- Termination of pregnancy - Petition by father of pregnant minor girl - Whether the foetus carried is a pain or pleasure is the subjective opinion of minor girl and where girl formed an opinion that it is total delight, pregnancy cannot be terminated at the instance of her father...........
Medical Termination of Pregnancy Act, 1971, Section 3, Indian Penal Code, 1860, Section 366A, 376, 417, Protection of Children from Sexual Offences Act, 2012, Section 4, 5 -- Termination of pregnancy - Consent of father - Kidnapping and rape - Victim girl though minor at the time of incident but major on the date of production before High Court - She was not willing to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Taking into account funeral expenses, loss of consortium, loss of guidance to minor children, loss of love and affection to aged parents, loss of estate and litigation costs, appellants held, entitled to total compensation of Rs.27,51,120 with 9% interest p.a...........
