Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 2(b), 4 -- Maintenance to father - Granted Rs.2,500/- p.m. alongwith a room in house - Amount allowed, held, reasonable - No interference...........
Indian Penal Code, 1860, Section 404 -- Dishonest misappropriation of property possessed by deceased person at time of his death - Accused misused A.T.M. Card of deceased after taking same in his possession from her belongings - Since code number of card was written with pencil on back, accused was successful in withdrawing Rs.20,000/- from account of deceased - Pictures..........
Land Acquisition Act, 1894, Section 18, 54 -- Land acquisition - Compensation - Annual increase - In the case M/s Kohli Holdings, Single Judge granted an increase at a flat rate of 15% per annum on the price of land with an addition of 30% on account of special locational advantage - However, no discernible reason given for granting benefit of annual increase at different..........
Indian Penal Code, 1860, Section 409, 477A, Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, Section 10, Evidence Act, 1872, Section 47 -- Breach of trust and falsification of accounts - Proof - Accused No.1, G.M. of Canbank Mutual Fund (CMF) allegedly with dishonest and fraudulent intention induced CMF to part with Rs.32.50 lakhs by..........
Indian Penal Code, 1860, Section 149, 300 -- Murder - Unlawful assembly - Proof - Held, for resorting to provisions of S.149 IPC, prosecution has to establish that - (i) there was an assembly of five persons - (ii) assembly had a common object - (iii) said common object was to consist one or more of the five illegal objects specified in S.141 IPC - In present case, there..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof - Circumstantial evidence - On 21.02.2008 around 2:30 P.M. deceased met his death in court-yard of accused person who is his own so, i, law - Death of deceased homicidal in nature - Though there were two cut wounds on body of deceased yet death was mainly occasioned by a huge cut wound on neck of deceased - Soon after..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Occurrence took place about 1.30 A.M - Deceased found lying dead on his bed - Accused/appellants lived with him in his house and were present at the time incident took place - Accused `P' made a statement u/s.27 of Evidence Act and led police to recover weapon of..........
Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 193 -- False evidence - Witness stated before police that accused entered bar of hotel at 2 A.M. in the night and asked for drink - Deceased who was serving liquor informed accused that liquor was not available - Feeling annoyed accused took out pistol from his Pant and fired one shot at ceiling..........
Medical and Occular Evidence -- Time of death - Post mortem took place at 4.30 p.m. on 20th April - Duration after death reported by doctor to be about one day old - Medical opinion that incident might have happened at 4.30 p.m. on 19th April or at the most upto six hours thereafter - Prosecution story that incident took place on 20th April at 7.30 a.m. - Duration of time..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - As per averments made in complaint petitioner has issued cheques to complainant under his signature - Plea of petitioner that cheque in question was signed by `M' and not signed by him, therefore, he ought not to have been..........
