Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Decree for specific performance - Draft of sale deed in terms of decree delivered to Court - Objections thereto - Mere fact that contention of JD that decree itself is inexecutable was found meritless, would not absolve Court of its duty to proceed with the matter of considering draft sale deed and objections..........
Protection to life and liberty -- Live-in-relationship - Petitioner No.2 is a married woman and voluntarily gone to company of petitioner No.1 - Petitioners are facing grave danger from private respondents - Court is not adjudicating on validity of petitioners marriage or her decision of cohabiting with petitioner No.1, but adhering to its fundamental duty of guarding..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of sole arbitrator - Insufficient stamp duty on arbitration agreement - Issue of insufficiently or incorrectly stamped arbitration agreement can be finally decided at a later stage - Court cannot review or go into this aspect u/s 11(6) of the Act...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of sole arbitrator - Insufficient stamp duty on arbitration agreement - Stamp duty has been paid on agreement - Whether it is insufficient or appropriate is a question that may be answered at a later stage - Former Judge of High Court of Karnataka appointed as sole arbitrator to adjudicate the issues...........
Criminal Procedure Code, 1973, Section 197, 482 -- Sanction for prosecution - Quashing of proceedings - If on face of complaint, act alleged appears to have a reasonable relationship with official duty, power u/s 482 Cr.P.C would have to be exercised to quash proceedings to prevent abuse of process of Court...........
Civil Procedure Code, 1908, Section 96 -- First Appeal - Duty is cast on Appellate Court to adjudicate first appeal both on questions of fact and applicable law, as right to file an appeal by an unsuccessful party assailing judgment of Original Court is a valuable right...........
Indian Penal Code, 1860, Section 302, 201, 506B -- Murder - Death penalty - Trial court as well as High Court has only taken into consideration the crime but have not taken into consideration criminal, his state of mind, his socio-economic background etc. - It is bounden duty to take into consideration the probability of the accused being reformed and rehabilitated -..........
Indian Penal Code, 1860, Section 302, 449, 34 -- Murder of 8 persons - Death sentence - Court is duty bound to elicit information of all relevant factors and consider those regarding the possibility of reformation, even if accused remains silent...........
Indian Penal Code, 1860, Section 302, 34, 324, Explosive Substances Act, 1908, Section 3, 4 -- Murder and Voluntarily causing hurt by dangerous weapons - Accused hatched criminal conspiracy and committed murder of deceased by firing gun shot and blasting bomb - Informant, eye witness, resident of other village but acquainted accused during incident proving his presence by..........
Civil Procedure Code, 1908, Section 148A -- Caveat - S.148-A CPC provides for an opportunity of hearing to any person claiming such right to defend himself before passing of any order from which he might be affected and to ensure it where person files caveat, Court has to serve a notice of application on caveator, which is a duty cast upon Court...........
