Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), Constitution of India, 1950, Article 142 -- Offence u/s 3(1)(xi) of SC & ST Act - Quantum of sentence - Trial Court convicted and sentenced accused to undergo R.I. for 6 months with fine of Rs.500/-, however, High Court sentenced accused to period already undergone by him and..........
Tamil Nadu Prison Rules, 1983, Rule 481, Constitution of India, 1950, Article 23, Prisons Act, 1894, Section 59 -- Wages earned by prisoners - Deduction of 50% wages earned under R.481 of Rules - Constitutional validity - Deduction of 50% wages is substantial deduction from wages without any justified reason amounts to begar - Even, said deduction not only runs contrary to..........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation - Offence u/s 376 IPC and S.10(3) SC & ST Act - It is apparent that all is not well with investigations and there is strong element of suspicion lurking before Court that there is all out effort to stifle due process of law for politically motivated cause to attain sinister design - Thus, it would be..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Summoning of additional accused - Offence u/ss 306, 120-B IPC and S.3(2)(5) of SC/ST Act - Allegation that petitioners were having relations with wife of deceased - However, there is no..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 18A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 3 of SC/ST Act - Ingredients of offence u/s 3 of SC/ST Act made out against accused - Embargo u/s 18 of SC/ST applies - Application u/s 438 Cr.P.C for anticipatory bail against such offence is not..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14 -- Cognizance of offence - Magistrate had no jurisdiction to take cognizance of offence under SC/ST Act in view of amendment Act 2015 - Only Special Court established u/s 14(1) of the Act shall have power to directly take cognizance under the SC/ST Act...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(v)(x)(xiv) -- Offence u/s 3(v)(x)(xiv) of SC/ST Act - Strained relations between parties on account of dispute relating to path which originated in the year 2003 - Complaint filed by complainants was highly suspected as dispute concerning path was already pending adjudication before civil..........
Indian Penal Code, 1860, Section 376(2)(b), 420, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- Rape - Prosecutrix a widow fallen in love with accused and used to reside with him - Parties were in relationship with each other for quite some time and living together till she came..........
Indian Penal Code, 1860, Section 354, 448, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), 3(1)(x) -- Offence u/ss 354, 448, 34 IPC and Ss.3(1)(xi), 3(1)(x) of SC/ST Act - Compounding of offence - Reduction of sentence - Affidavit filed by complainant shows that incident in question took place almost 9 years ago due to..........
Employee's Compensation Act, 1923, Section 4A(3) -- Interest - Compensation - Death of employee - Commissioner committed error in awarded interest to respondents @ Rs.12% p.a on awarded sum from the expiry of 45 days from date of order that too if appellant failed to deposit the same within 45 days - Order of Commissioner modified to the extent that awarded sum shall carry..........
