Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Quantum of sentence - Accused u/s 304-B IPC directed to suffer maximum sentence of life imprisonment - Oral dying declaration of deceased not proved - It cannot be said beyond reasonable doubt that accused had set deceased on fire - Accused already suffered imprisonment for more than 14 years - Sentence..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Order u/s 125 Cr.P.C is independent and in addition to maintenance awarded under PWDV Act - However, maintenance has to be awarded in a subsequent proceeding after considering the quantum already awarded under the previous proceeding...........
Criminal Procedure Code, 1973, Section 357A -- Victim Compensation Scheme - District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA) u/s 357-A(2) Cr.P.C can only decide quantum of compensation - Neither DLSA nor SLSA can monitor or fetter amount disbursed as compensation u/s 357-A Cr.P.C, as their jurisdiction ends with awarding the amount...........
Employee's Compensation Act, 1923, Section 4A -- Compensation - Obligation to pay compensation arises on date of accident - Where an employer disputes quantum of compensation payable, it is enjoined to make provisional payment to Commissioner or employee pending settlement of claim - This is in order to ensure that an employer doesn't escape its obligation to make good..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Quantum of sentence - Allegation against mother-in-law - High Court awarded life imprisonment to accused u/s 304-B IPC - However, keeping in view of age of accused, also her contribution that would be required by her family, while husband is also aged, further taking into consideration all other..........
Land Acquisition Act, 1894, Section 34 -- Acquisition of land - Compensation - Interest - Date of taking of possession/submergence is disputed - No categorical finding recorded that area in question came under submergence with effect from the year 1991 and was not as a matter of fact in possession of appellant - It is also not clear for how much period of a year area in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards payment of rent - Cheque dishonored - Accused not even sent a reply to notice sent by complainant - Accused rightly convicted - However, since accused already vacated premises and cheque amount is of Rs.4,85,000, interest of justice would be met if quantum of fine amount of Rs.7..........
Criminal Procedure Code, 1973, Section 357A, 357 -- Victim compensation scheme - Where compensation awarded u/s 357 Cr.P.C is not adequate, then Court has power to recommend for additional compensation to victim - However, Trial Court/Special Court has to recommend State or District Legal Services Authority to decide and award compensation in accordance with relevant rules..........
Indian Penal Code, 1860, Section 302, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 18, 21 -- Juvenile - Murder case - Quantum of sentence - Accused was a juvenile in conflict with law on date of incident - Presently, accused has crossed 63 years of age and already undergone about 9 months of imprisonment as under trial and partly as convict -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Complainant failed to prove even a single document so as to satisfy the Court that any loan agreement entered into between company and accused - Even in affidavits given by Company`s authorized witnesses, there is no reference of any loan agreement - Complaint did not reflect as to..........
