Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder - Circumstantial evidence - PWs not supported prosecution case - None have seen anyone committing murder of deceased - No evidence on record that recovered country made pistol is used in committing the alleged offence - Recovery itself is not supported by independent witnesses as witnesses of..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2), Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - More than five years have lapsed - Conduct of ADM/Land Acquisition collector - Plea sworn by Land Acquisition Collector in affidavit regarding taking over possession of acquired land is..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Public policy Test - When a Court is applying public policy test to an arbitration award it does not act as a Court of appeal and errors cannot be corrected - Arbitrator is ultimate master of quantity and quality of evidence to be relied upon when he delivers arbitral award - Award based..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Public policy of India - None of the grounds contained in S.34(2)(a) of Arbitration Act deal with merits of decision rendered by arbitral award - It is only when award is in conflict with public policy of India then merits of an arbitral award are to be looked into under certain..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Public policy of India - Award against justice and morality - Interference on these grounds warranted only if something shocks the Court's conscience - Expression `justice' cannot possibly include what Court thinks is unjust on facts of case for which it then seeks to substitute its..........
Right to Information Act, 2005, Section 2(h) -- Public authority - Army Welfare Housing Organisation - Not a public authority within meaning of S.2(h) of the Act...........
Negotiable Instruments Act, 1881, Section 138, Punjab Registration of Money-lender's Act, 1938, Section 3, 4 - - Dishonour of Cheque - Complainant advanced loan to accused for agricultural purpose from time to time - He also lent money to public at large but does not possess any money lender's license - Advancement of loan by complainant to accused without any valid..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 156(3) -- Sanction for prosecution - In the absence of prior sanction, Magistrate is not empowered to forward a private complaint to police for investigation u/s 156(3) Cr.P.C. against public servant when allegations are in relation to offences alleged to have been committed by them..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix herself had filed a writ petition before High Court with her affidavit attached to it in which she clearly stated that she is major and has performed marriage with accused on her own will - Besides it, while travelling from one place to another overnight by train with accused, prosecutrix..........
Trade Marks Act, 1999, Section 29 -- Trade mark - Infringement - Doubt as to degree and extent of spill over reputation in India relating to Fireman`s device in minds of public at relevant time in absence of any irrefutable material available on record and thus, question of distinctiveness has to be determined properly after evidence is led in trial - Moreover, even if it..........
