Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation against mother-in-law - Reduction of sentence - When an offence has been committed by a woman/mother-in-law by meting out cruelty to another woman i.e daughter-in-law, it becomes more serious offence - No leniency is required to be shown to accused - However, since the incident is of year 2006 and accused is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration of ownership on the basis of gift deed filed after a delay of about 20 years - Trial Court dismissed the application by holding that point of limitation is a mixed question of law and fact - Impugned order set aside in view of judgments of Supreme Court passed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b) -- Dangerous Drugs Act, 1930, Ss.30(1)(f)(II), 47(2) and 5(2), Repatriation of Prisoners Act, 2003, S.13(6) - Reduction of sentence - Central Government has to make sure that the sentence is made compatible with Indian law corresponding to the nature and duration of the sentence imposed by the Supreme..........
Police Act, 1861, Section 46(2), 2 -- Uttar Pradesh Sub-Inspectors and Inspectors (Civil Police) Service Rules, 2008, R.15(b) [as amended by amendment Rules of 2015) - Post of Sub-Inspector of Police - Application of Normalisation of marks - Petition seeking quashing of results - Contention of candidates who has secured more than 50% actual marks, that those candidates who..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Cheque in question dishonoured prior to commencement of provision of S.143-A of the Act - S.143-A of the Act has no retrospective operation - Order directing accused to deposit interim compensation of Rs.1 lakh thus, not in accordance with law, hence set aside...........
Fire in godown of distillery -- Demand of excise duty on liquor lost in fire - Liquor that was lying stored in bonded warehouse had already become subject to excise duty with postponement of actual charging of duty as per rate applicable on the date and time of issue for sale from warehouse - It gets perforce reiterated that taxable event was production or manufacture and..........
Family settlement -- Suit for declaration - Plaintiff alleges that written compromise executed between parties in which defendant has to leave his part of land in favour of plaintiff - However, no reasonable cause has been given in the said document as to why he is leaving the land in favour of plaintiffs - It is not a valid agreement for want of consideration, as no..........
Criminal Procedure Code, 1973, Section 173(2), 2(d) -- Protest petition as complaint - Protest complaint can be entertained if Magistrate accepted report u/s 173(2) Cr.P.C and dropped the proceedings after granting opportunity to complainant - However, Magistrate does not even refer about final report filed in impugned order and whether any exceptional circumstances or any..........
Arbitration and Conciliation Act, 1996, Section 14, 11, 12(5), 15 -- Termination of mandate of Arbitrator and appointment of a new arbitrator - Earlier Arbitral Tribunal lost its mandate by operation of law in view of S.12(5) read with Seventh Schedule of the Act - Fresh Arbitrator has to be appointed under the provisions of Arbitration Act...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Recovery suit - Substantial questions raised are only pertaining to appreciation of evidence on record - Findings of first appellate Court dismissing suit based on the admissions of PW2 are not perverse - There is thus, no substantial question of law involved in the appeal - Second appeal dismissed...........
