Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Mother of deceased/PW3 did not name accused in her testimony - Allegation of ill-treatment was attributed more to husband of deceased - PW3 vaguely stated that chacha and phoopa also used to make demands - Vague statement attributing certain acts of commission collectively to persons accused cannot be..........
Industrial Disputes Act, 1947, Section 10 - - Reference of dispute to Tribunal - Claim of regularization of services - Dispute in question required to be adjudicated on facts and evidence - Factual controversy cannot be adjudicated in OA by Tribunal or by High Court in a writ petition - Remedy lies in applying to Central Government to make an industrial reference to..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendant failed to make payment in terms of previous MOU, as cheque issued by defendant got dishonoured - Plaintiff filed a complaint u/s 138 of N.I. Act - Settlement again arrived at between parties before Mediation - Defendant contended that said settlement supersedes the..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Statement of PW1 assigning specific roles to proposed accused - At the stage of consideration of application u/s 319 Cr.P.C, trial Court was to look at something more than a prima facie case but could not have gone to extent of enquiring as to whether matter would ultimately result in..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Production of documents - Suit for specific performance - Documents sought to be produced by way of application are not documents which ought to be produced in Court by plaintiff or ought to be entered in list of reliance at the time of presentation of plaint, as these documents never relied upon by plaintiff..........
Stamp Act, 1899, Section 35 -- Partition deed - Nature of document - Determinative factor - Document whether is a deed of partition or a memorandum of partition or a list of partition recording past partition, has to be determined with reference to recitals therein and substance of transaction embodied in instrument - Name or caption given to document is not determinative..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Limitation - Where something additional is necessary to ascertain, limitation period definitely in O.7.R.11 CPC shall not be attracted - But where on basis of pleadings in plaint but without reference of any material including plea taken in written statement, limitation period can be ascertained in..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A(2) -- Prior sanction for prosecution - Validity - Subject sanction (Ext.84) is in fact permission to apply Ss.3, 4, 5 of TADA - Reference is only to two documents reckoned by PW14 before issuing sanction - Although it is asserted that DSP was called for discussion and who in turn apprised him of all..........
Indian Penal Code, 1860, Section 121, 121A, 122, 34, Arms Act, 1959, Section 25, 27(1), 29(A), Telegraph Act, 1885, Section 20, Wireless Telegraphy Act, 1933, Section 6(1)(A) -- Offences u/ss 121, 121-A, 122, 34 IPC, 25, 27(1), 29(A) of Arms Act, S.20 of Telegraph Act and S.6(1)(A) of Wireless Telegraphy Act - Prosecution essentially relied upon confessional statement of..........
Indian Contract Act, 1872, Section 126 - - Unconditional bank guarantee - Injunction - Letter of invocation clearly asserts that plaintiff violated terms of work order and shows clear reference to quantum which was demanded hence, injunction against invocation of bank guarantee held, not proper as bank guarantee is contract between bank and beneficiary where bank has no..........
