Indian Penal Code, 1860, Section 307, 323, 506, 34 -- Attempt to murder - Eye witnesses who are daughters of complainant were not examined by prosecution and were given up - Real brother of complainant, who has been stated to have taken complainant to Hospital has not been examined as a witness - Doctor who has given opinion as to injury being dangerous to life has not..........
Criminal trial -- Protection of law - Capital Punishment - Right to accused - Ending someone`s life is one of gravest crime that a person may commit and so even accused is entitled to protection of law ensuring that process that condemns him as `convicted of an offence', is free from procedural irregularities and blemishes which may call into question the credibility of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 106 -- Freezing of bank account - Statues empower investigating agency to request Bank to freeze bank account pending investigation and intimate it forthwith to jurisdictional Court - But, there cannot be freezing of account perpetually without intimating account holders what for their account is freezed and what extent it..........
Constitution of India, 1950, Article 226 -- Writ petition - Law as to: (i) For issuing writ against a legal entity, it would have to be an instrumentality or agency of a State or should have been entrusted with such functions as are Governmental or closely associated therewith by being of public importance or being fundamental to the life of the people and hence..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4 -- Cruelty - Dowry demand - Quantum of sentence - Appellant has undergone approximately 3 months in custody - Admittedly, incident pertains to the year 2006 and couple lived together exactly for three days - Wife is married and settled abroad - Case has been prolonged for a period of nearly 19..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Marriage between parties solemnized in 2003 and both the parties are living separately since 2004 - Joint compromise petition filed by parties - There is no possibility of resurrecting marital life of parties - Statutory period of 6 months waived - Decree of divorce on the basis of mutual consent granted...........
Service -- Dismissal - Respondent accepted almost all allegations in the Articles of Charge and requested to condone the mistakes on his part as a special case - He stated that there was a threat to his life, and he worked under pressure - Respondent had an unblemished record for more than 21 years till 2007 - He has already reached the age of superannuation - Penalty of..........
Indian Penal Code, 1860, Section 302 -- Murder - Life imprisonment - High Court clarified that life imprisonment would mean imprisonment of 20 years and accused may be released after completion of imprisonment of 20 years - Trial Court or High Court while sentencing appellant to life imprisonment and putting the cap of 20 years to life imprisonment has not in any way..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Property of senior citizen - Mother executed gift deed in favour of son - Son executed promissory note wherein he stated that he will take care of mother and her husband till the end of their life - Gift Deed also records a similar condition, i.e. the donee will..........
Custody of child -- Issues regarding history of domestic violence and threat to life cannot be gone into at the stage of deciding interim visitation rights, as these are serious allegations which require careful consideration both on facts and evidence...........
