Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR/proceedings - At any stage of proceedings, an accused can adopt remedies either u/s 482 Cr.P.C. or Art.226 of Constitution for quashing FIR and proceedings started thereupon on the ground of abuse of process of law and any other available ground - Whether the challenge can be entertained or not is a matter of..........
Indian Penal Code, 1860, Section 354(A), 354(B), 376, 323, 506, 34, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 354(A), 354(B), 376, 323, 506, 34, 498-A IPC and Ss.3, 4 of 1961 Act - Quashing of FIR - There was delay of at least four months in lodging FIR - Apart from the verbal allegations, there is nothing on record to connect petitioners with the..........
Service -- Compassionate appointment - Compassionate appointment is not a vested right for appointment - Said right is not a condition of service of an employee who dies in harness, which must be given to the dependent without any kind of scrutiny or undertaking a process of selection...........
Arbitration and Conciliation Act, 1996, Section 11 -- Scope of judicial interference of referral Courts - With a view to balance limited scope of judicial interference of referral Courts with the interests of parties who might be constrained to participate in the arbitration proceedings, Arbitral Tribunal may direct that the costs of arbitration shall be borne by party..........
Encroachment -- Demolition of residential house - Demolition was preceded only by a Munadi - There was no written notice and no disclosure of the basis of demarcation or extent of demolition to occupiers - Even in respect of area allegedly encroached no due process was followed and a written notice was not issued - Demolition was thus, high-handed and without authority of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 354, 114, 34, Arms Act, 1959, Section 25 -- Fourth bail application - Murder - Earlier bail applications were dismissed as withdrawn - All the private PWs stand examined after dismissal of last bail petition - Petitioner has suffered incarceration for about 2 years 7 months and 20..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Sudden and grave provocation - Merely by asking appellant to wait for some time to serve food as it was under process does not indicate that there was any kind of grave and sudden provocation caused by deceased to appellant - Conviction upheld...........
Insolvency and Bankruptcy Code, 2016, Section 7, Limitation Act, 1963, Section 18 -- Corporate Insolvency Resolution process (CIRP) - Limitation - Acknowledgment of debt - Entry made in balance sheet coupled with note of auditor of appellant clearly amounts to acknowledgment of liability - Corporate Debtor's proposal of One time Settlement also constituted acknowledgment..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - An error, which is not self evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of record justifying Court to exercise its power of review U.O.47.R.1 CPC...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review is permissible only when there is error apparent on the face of record i.e. error should be grave and palpable, and error must be such as would be apparent on mere looking of record, without requiring any long drawn process of reasoning and reappraisal of entire evidence for finding the error, as..........
