Criminal Procedure Code, 1973, Section 389(1), Indian Penal Code, 1860, Section 148, 332, 353, Arms Act, 1959, Section 3, 25 -- Suspension of conviction during pendency of appeal - Conviction for offence u/ss 148, 332, 353 IPC & Ss.3 & 25 of Arms Act - Held, order of conviction cannot be stayed on the ground that it will deprive appellant from contesting the election of..........
Evidence Act, 1872, Section 115, 116 -- Doctrine of estoppel, election and waiver - Distinction - Estoppel is based on representation or conduct - While election is based on principle of conscious choice from inconsistent right - Waiver is not a precise term of an art and is sometimes considered as effect of election and usually used in a wider sense as a deliberate..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302 -- Anticipatory bail - Double murder - Election dispute - Session judge rejected anticipatory bail filed by accused - However, High Court without appreciating nature of offence and gravity of accusations against accused persons, enlarged them on anticipatory bail - High Court ought not to have..........
Indian Penal Code, 1860, Section 302, 307, 148, 149, 120B -- Murder - Accused was not named in FIR - No test identification parade was held - After expiry of four years of incident, accused was identified in Court by a witness - No specific role assigned to accused - It is neither safe nor proper to convict accused particularly when enmity and election rivalry between both..........
Representation of the Peoples Act, 1951, Section 100(1)(b), 123(4) -- Corrupt practices - Election to State Legislature - Contention that printing and publication was made with connivance of first respondent and hence consent should be inferred - Only allegation is on knowledge and connivance on the part of the first respondent - Knowledge and connivance is different from..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 18, 19, 20 -- Domestic violence - Maintenance - Income of husband 20/25 thousand p.m and he received 20 to 25 lacs from his mother after her retirement - Nothing on record to prove that wife has sufficient source of income - Nothing on record to prove that husband has given a sum of Rs.4 lacs to wife and..........
Representation of the Peoples Act, 1951, Section 100(1)(a)(b) - - Election of Legislative council - Improper rejection of nomination paper - Duty of Court - Held, once Court comes to conclusion that nomination paper had been improperly rejected, it is obliged in law to declare election void...........
Representation of the Peoples Act, 1951, Section 33(5), 100(1)(a)(b) - - Election of Legislative Council - Candidate is an elector of different constituency - Failure to file current electoral role along with nomination papers - Held, it would tantamount to no, compliance of S.33(5) of the Act...........
Evidence Act, 1872, Section 115 -- Estoppel - `Doctrine of election' - It is based on the rule of estoppel the principle that one cannot approbate and reprobate is inherent in it - The doctrine of estoppel by election is one among the species of estoppel in pais (or equitable estoppel), which is a rule of equity - By this law, a person may be precluded, by way of his..........
Evidence Act, 1872, Section 115 -- Estoppel - `Doctrine of election' - It is based on the rule of estoppel the principle that one cannot approbate and reprobate is inherent in it - The doctrine of estoppel by election is one among the species of estoppel in pais (or equitable estoppel), which is a rule of equity - By this law, a person may be precluded, by way of his..........
