Indian Penal Code, 1860, Section 304B, 34 -- Dowry death - Allegation against brother-in-law - No specific allegation with regard to demand of dowry or harassment in pursuance of said demand against accused - Accused is elder brother of husband of deceased - Husband, father-in-law and mother-in-law of deceased have already died - Alleged letter demanding dowry was written..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Maintainability - Question regarding maintainability of suit in terms of S.34 of the Act has to be seen with regard to pleadings made in the plaint and would therefore be a question of law which is already settled can be taken at any stage...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Admissible if substantial question of law is involved which is distinct from a mere question of law...........
Insecticides Act, 1968, Section 33 -- Misbranded insecticides - Offence by company - Company passed a resolution fixing responsibility of one of Managers and same was furnished to Managing Director - When furnishing of such undertaking fixing responsibility of quality control of products is not in dispute, there is no reason or justification for prosecuting Managing..........
Protection to life and liberty -- Live-in-relationship - Married lady, due to apathetic and torturing behaviour of husband having relationship with petitioner No.2 - None law abiding citizen who is already married under Hindu Marriage Act can seek protection of Court for illicit relationship - Sanctity of marriage pre-supposes divorce - If she has any differences with her..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Petitioner being a third party earlier also attempted to be impleaded by defendant but having failed on such attempt present application is filed as a second round of litigation - Plaintiff in a suit is a dominus litis and he has his own choice to implead a person..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction and possession by way of partition - Concurrent findings of two Courts below that revenue record produced by plaintiff on record demonstrated that suit land was joint and same had not been partitioned - Even, DW1 had admitted in her cross-examination that suit land was not..........
Arbitration and Conciliation Act, 1996, Section 37(1)(c) -- Arbitral award - Appeal against - Conjoint reading of all documents reveal that there were no guidelines at all that provide for royalty being factored as cost while fixation of tariff - Finding of Arbitral Tribunal regarding existence of law to the effect that royalty payable shall be permitted as a pass-through..........
Indian Penal Code, 1860, Section 302, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Murder - Death by burning - Testimony of child witness - Allegation against sister-in-law (jethani) of deceased - PW2/child witness stated that accused stuffed cloth in the mouth of deceased thereafter others tied her up and set her on fire leading to 95% burns - He had seen the entire..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Cannot be disposed of summarily after its admission with formulation of substantial question of law...........
