Indian Penal Code, 1860, Section 302, 304(Part II) -- Assault made on head of deceased with lathi on the spur of moment without premeditation - It is always a question fact in each case whether there was intention to cause death or only knowledge that death was likely to occur - Circumstances, manner of assault, nature and number of injuries will all have to be considered..........
Arbitration and Conciliation Act, 1996, Section 48 -- (as amended) - Enforcement of Foreign award - Proceedings for enforcement were filed by respondents/claimants prior to 2016 Amendment having come into force on 23.10.15 - Amended S.48 of the Act thus, would not be applicable to proceedings in question...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape of married woman - Accused was a tenant of prosecutrix's family and was living on first floor in same residence - He was well aware of prosecutrix and her family - Offences are stated to have been committed continuously over a period of one year and three months - Question..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 20 kg ganja from vehicle - Ownership of vehicle not established - Contraband articles were found in vehicle in question - Ownership of vehicle is not required to be proved in the case - Merely because of ownership of vehicle is not established and proved and/or vehicle is not..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from discontinuation of irrigation facilities - Land in question is uncommand land - Plaintiffs thus, not entitled to irrigation facilities - Moreover, order by which plaintiffs were being provided irrigation facilities has been cancelled, thus, whatever right plaintiffs had to get the..........
Constitution of India, 1950, Article 14, 16, Maharashtra State Reservation (of Seats for admission in Educational Institutions in the State and for appointments in the Public Services and posts under the State) for Socially and Educationally Backward Classes Act, 2018, Section 4 -- Constitutional validity of Act of 2018 as amended in 2019 - Declaration of Maratha as social..........
Criminal trial -- Condonation of delay - Delay in filing appeal against conviction - Where life and liberty of a person is in question, one right of appeal has always been accepted and appropriate steps must be taken to effectuate that right - Considerations on account of delay and limitation ought not to negate right of appeal of accused...........
Wealth Tax Act, 1957, Section 3 -- Charge of wealth tax - Club in question neither being an individual, nor a HUF, nor a company, cannot be brought into wealth tax net u/s 3 of the Act...........
Wealth Tax Act, 1957, Section 21AA -- Assessment of wealth tax - Association of persons - Club in question is a social club, where persons banded together do not band together for any business purpose or commercial purpose in order to make income or profits - Club is an association of persons and not creation by a person - S.21-AA of the Act thus, not attracted...........
Indian Penal Code, 1860, Section 313, 498A, 114 -- Offence u/ss 313, 498-A, 114 IPC - Compromise - Amicable settlement arrived at between parties - Offences in question are lesser serious in nature - Further proceedings would amount to abuse of process of law - FIR quashed...........
