Arbitration and Conciliation Act, 1996, Section 34, 2(1)(e) -- Arbitral award - Setting aside - Proceedings initiated by appellants before District Judge and proceedings initiated by respondent on "ordinary original civil side" of High Court of Bombay were filed on same day - Held, matters to be adjudicated on "ordinary original civil side" by High Court of Bombay -..........
Indian Penal Code, 1860, Section 302, 120B, 34, Criminal Procedure Code, 1973, Section 378(3) -- Murder - Appeal against acquittal - Series of discrepancies and contradictions in the statements of witnesses - Inquest report ante-dated or delayed - Two different pens used in writing inquest report - Apart from difference in ink a vital information is also lacking in said..........
Indian Penal Code, 1860, Section 376(2)(g), Expl.1 & 34 - - Gang rape - Common intention - Held, where there are more than one person acting in furtherance of their common intention of committing rape on a victim, it is not necessary that prosecution should adduce clinching proof of completed act of rape by each one of accused on victim...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 384, 34 -- Bail - Abduction and extortion - Accused in custody for the last about two years - Trial not progressing further for want of availability of material witnesses, who are residing in Canada - Bail allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34 -- Declaratory suit pertaining to forged guarantee documents - Rejection of plaint - Jurisdiction of civil Court - Held, S.34 of the Act bars jurisdiction of civil Court in case documents of loan/guarantee..........
Indian Penal Code, 1860, Section 302, 34, 394 -- Double murder - No adequate evidence for connecting the appellants with the offence as it was too much of a coincidence and highly improbable that appellants leaving the house after committing murder of deceased at the precise time when witnesses had arrived at the house - Although substantial properties are said to have..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Proof - Appellants alleged to have come to house of informant variously armed and assaulted him and his family members - Not a single independent witness has supported factum of occurrence - Further, no, examination of investigating officer also fatal to prosecution - Held, prosecution failed to prove its case..........
Indian Penal Code, 1860, Section 498A, 506, 34, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of order taking cognizance - Cruelty - Dowry demand - Absence of specific allegation of cruelty or harassment against petitioner Nos.3 to 6 - Statement of witnesses recorded by Magistrate u/s 202(2) Cr.P.C were general in nature -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against Conviction - Accused acquitted - Case based on circumstantial evidence - Medical evidence only indicates about homicidal death of deceased - No definite finding can be given about causing suffocation or smothering but there was a legature mark around the neck of deceased - Prosecution first tried to make..........
Arbitration and Conciliation Act, 1996, Section 34, 35, 36 -- Arbitral award - When becomes enforceable - Held, award becomes enforceable when time for making application to set aside arbitral award has expired or having been filed it has been refused and further it is enforceable in the same manner as if it were a decree of Court...........
