Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Misappropriate of Stridhan property - Continuing offence - So long as stridhan property remains in the hands of accused persons, offence of criminal breach of trust continues to take place and fresh period of limitation shall begin to run...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Settlement - Dispute between parties settled amicably - Prolonged litigation between parties and long separation spanning over period of around 12 years - Marriage between parties stands dissolved by decree of divorce by mutual consent - Parties shall abide by terms and conditions referred in Memo of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 307, 120B, Explosive Substances Act, 1908, Section 3, 4 -- Application for removal of name of accused from charge sheet - Beant Singh Murder case - Merely because period of 22 years elapsed after the incident and accused succeeded in avoiding his arrest for a considerable long period, is no..........
Adverse possession -- Mere long and continuous possession without any interruption does not entitle a person to a decree for declaration of his right, title and interest over the property as to have been acquired by adverse possession so as to say that the right, title and interest of true owner stood extinguished thereby after completion of required period - In the..........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(2) -- Offence u/ss 13(1)(c), 13(2) of the Act - Reduction of sentence - Taking into account long period of time that has elapsed and age of accused who is stated to about 70 years, ends of justice will be met if sentence of accused is reduced to period of 1 year R.I in modification of 2 years R.I as imposed by High..........
Railways Property (Unlawful Possession) Act, 1966, Section 3(a) -- Theft of railway property - Reduction of sentence - Petitioner is facing rigors of prosecution since year 1987 due which he has suffered mental agony on account of long pendency of case for about three decades - Considering nature of offence and period of incarceration suffered by petitioner in custody,..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Husband and wife living separately for more than 17 years - Wife ready to go back to matrimonial house provided husband lives separately from his mother - Demand of wife for separate house, not acceptable to husband, owing to responsibility of a son - No marital bondage remain..........
Indian Penal Code, 1860, Section 287 -- Negligence - Death due to electrocution - Reduction of sentence - Accused facing rigours of prosecution since 1994 and is of almost 70 years of age at present - Considering long pendency of case, accused deserves some leniency with respect to sentence imposed upon him - Sentence of accused modified to period already undergone by him...........
Agreement to sell -- Specific performance - Equitable relief - Delay and laches - Long delay of more than 2 years in issuing suit notice and in filing suit after period specified for performance would disentitle plaintiff from seeking relief of specific performance - Even otherwise, plaintiff never showed her willingness even at the time of issuance of notice - Since..........
Service -- Misconduct - Police service - First misconduct in 15 years of service - Charge of gross negligence/slackness/indiscipline which amounted to tarnishing the image of police departmental - Dismissal from service - Appellant remained out of service for long period after his suspension order - Ends of justice would be met by setting aside the order of dismissal and..........
