Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Accused being brother-in-law of victim tried to ravish her finding her alone in a cow shed in the night - However, no independent witness was available to support such claim - There was an altercation and scuffle between parties on the next morning - But even from such altercation one does not get any..........
Constitution of India, 1950, Article 32 -- Transfer of investigation to CBI - Displeasure of an accused person about the manner in which investigation proceeds or an unsubstantiated allegation of a conflict of interest against police conducting the investigation must not derail legitimate course of law and warrant the invocation of extraordinary power of SC to transfer an..........
Indian Penal Code, 1860, Section 498A, 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Father-in-law, brother-in-law and sister-in-law of complainant - No direct and specific allegations against petitioners that they had given beatings to complainant or demanded any dowry article or misappropriated stridhan - Complainant failed..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admission in evidence and making exhibit of a document - Does not prove it automatically unless same has been proved in accordance with law...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Willful disobedience of order of Supreme Court - Eviction decree - Grievance of petitioners regarding non-payment of outstanding dues and allegations about damages caused to property by contemnor at the time of vacating same, are questions of fact - Same cannot be adjudicated in contempt proceedings -..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent injunction relating to environment - Jurisdiction of civil Court barred u/s 29 of NGT Act - Once suit was barred by law, civil Court could not have proceeded with suit and at the best parties could have been relegated before NGT, special forum created under NGT Act - Civil Court has..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Where averments regarding title are mentioned in plaint, but if matter involves complicated question of fact and law relating to title, Court will relegate parties to remedy of a comprehensive suit for declaration of title, instead of deciding issue in a suit for mere injunction. (2008(2) Apex Court Judgments..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - High Court ought not to have entertained writ petition against order passed by statutory authority by disregarding statutory limitation period, only because remedy of appeal against that order stood foreclosed by law of limitation...........
Electricity Act, 2003, Section 43 -- Recovery of amount - Deemed incentive - Power Purchase Agreement by Board with Corporation, wherein former was to purchase and later to supply - Tariff for sale was to be determined by Central Government - Prior to power purchase agreement, notification issued that Units using naphtha to receive incentives - Later said notification..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Recall of judgment holding contemnors guilty - Three identical recall applications were filed by three contemnors and in all applications correctness of judgment is questioned on many grounds - No recall application can lie on these grounds and proper remedy for contemnors is to file a review petition if so..........
