Armed service -- Liberalised Family Pension - Deceased was operating near Line of control (LC) in extreme climatic conditions on the date of his death - He was part of Operation Rakshak and was on duty near LC - Case of deceased will fall in the category of `Battle Casualties' - Since death has occurred as a result of a war-like situation prevailing near LC, clause (f) of..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While arguing a case for discharge, accused will not be in a position to rely upon any document which is not the part of charge sheet...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of proceedings - Accused can rely upon documents which are not the part of charge sheet in proceedings for quashing either u/s 482 Cr.P.C or Art.226 of Constitution, as a wider challenge is available in such petition including a challenge on the ground of abuse of process of..........
Indian Penal Code, 1860, Section 306, 376, 417 -- Abetment of suicide - Rape - Refusal to marry - No evidence on record to establish that appellant entered into any physical relationship with deceased on the pretext of marrying her - Appellant on asking of deceased had simply refused to marry her which is not a positive act on his part with any intention to abet crime of..........
Evidence Act, 1872, Section 8 -- Motive - When offence committed is proved, motive part loses its importance - Where there is clear proof of motive for the crime, that leads additional support to finding of Court that accused was guilty - But absence of clear proof of motive does not necessarily lead to a contrary conclusion...........
Agreement to sell -- Specific performance - Ready and willing - S.16(c) of Specific Relief Act bars the relief of specific performance of a contract in favour of a person who fails to aver readiness and willingness to perform his part of the contract...........
Arms Act, 1959, Section 17 -- Arms License - Cancellation - License of petitioner cancelled on the ground that he used the weapon at public place in contravention of R.32 of Arms Rules - However, neither place where firing took place has been defined nor date or time has been defined by licensing authority or appellate authority - There is no admission on the part of..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Deceased committed suicide by hanging from a fan in a room of hospital where he is working - Suicide note was recovered from the pocket of trouser of deceased which shows that petitioner insulted and used abusive language by projecting deceased as..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - O.8.R.1 CPC is not mandatory in non-commercial case - Even in an exceptional case it is required on the part of Court to record findings for accepting written submission beyond limitation...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charge, trial Court cannot consider any documents which are not part of charge sheet...........
