Criminal Procedure Code, 1973, Section 31, Indian Penal Code, 1860, Section 363, 366, 376 -- Concurrent or consecutive running of sentences - Offence u/ss 363, 366, 376 IPC - Accused sentenced to 7 years in each offence u/s 363 and S.366 IPC - No facts or circumstances mentioned in the judgment to justify the award of maximum terms of punishment u/s 363 or S.366 IPC -..........
Will -- Proof of - Execution of Will not proved by plaintiff in terms of S.63 of Succession Act and S.68 of Evidence Act - DW1 and DW2 not admitted the execution of Will - PW2 and PW3 both have not disclosed the date, month and year of execution of Will - Will thus, not proved - Suit for permanent injunction and declaration on basis of Will dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Irreparable loss - If the loss likely to be suffered by not granting injunction cannot be compensated in terms of money it is treated as irreparable loss...........
Indian Penal Code, 1860, Section 489B, 489C -- Counterfeit currency notes - Modification of sentence - Sentence imposed is 10 years R.I. - Term of sentence imposed for the offence u/ss 489-B, 120-B IPC are exorbitant - Sentence modified to R.I for 7 years u/ss 489-B, 120-B IPC - Sentence u/s 489-C IPC and default sentences and fine are same - Terms of substantive sentence..........
Arbitration and Conciliation Act, 1996, Section 7(5) -- Arbitration agreement - Two contracts - Reference in the second contract to the terms and conditions of the first contract - A general reference would not have the effect of incorporating the arbitration clause - Impugned order appointing arbitrator set aside...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Sexual assault - Delay was explained by mother of victim stating that FIR was lodged after 7 days in view of security and dignity of her daughter - Explanation is sufficient in terms of legislation of POCSO Act to protect the menus of victim after sexual assault - Delay of 7 days in lodging FIR not fatal..........
Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping and murder - Circumstantial evidence - Allegation that four months old baby was kidnapped and murdered by accused - Missing of child and contemporaneous conduct of accused feigning pregnancy have relevance in terms of S.8 of Evidence Act and subsequent recovery of child who was later on found to be dead seen with..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Mere filing of civil suit asserting certain rights over land contrary to consent decree cannot be said that plaintiffs have breached the consent terms - Appellant participated in such proceedings - Does not amount to contempt of Court...........
Registration Act, 1908, Section 49, Proviso -- Un-registered lease deed - Can be shown to prove nature and character of possession but it cannot be used to prove the terms of lease and unregistered lease deed is admissible in evidence for collateral purpose for proving possession of a party...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent injunction and mandatory injunction - Restraining defendant from invoking, receiving or making any payment in respect of bank guarantee - Terms of contract were changed and it was refused before performance is due - So there was no contract - Encashment of bank guarantee furnished would tantamount to unjust enrichment..........
