Indian Penal Code, 1860, Section 376, 302 -- Rape and murder of 14 years old girl - Modification of sentence - Guilt of accused was proved beyond reasonable doubt on account of testimony of direct eye witnesses - Accused sentenced to life imprisonment for whole of biological life of accused without remission - Accused was 26 years of age when offence was committed and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Seizure was conducted at a public place and thereafter accused were arrested - Strict compliance u/s 42 of the Act was not necessary...........
Specific Relief Act, 1963, Section 38, 39, Civil Procedure Code, 1908, Section 100 -- Suit for mandatory and permanent injunction - Concurrent findings of facts with regard to existence of subject public way and obstruction of right of way by defendants - No illegality, infirmity or perversity in said concurrent findings - Suit rightly decreed in favour of plaintiffs -..........
Unlawful Activities (Prevention) Act, 1967, Section 43D(5) -- Bail - While granting bail Court has to consider twin requirements as provided u/s 43-D(5) of the Act: (i) public prosecutor has to be given an opportunity of being heard; (ii) Court is of the opinion that there are reasonable grounds for believing that accusation against such a person is prima facie true...........
Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 13(4), Security Interest (Enforcement) Rules, 2002, Rule 9(5) -- Auction - Fails to pay amount of bid - Forfeiture of amount - Recovery of the amount - The appellant has come with the bona fide defence that he was never informed on the date when the auction was held or day thereafter that the..........
Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 13(4), Security Interest (Enforcement) Rules, 2002, Rule 9(5) -- Auction - Fails to pay amount of bid - Forfeiture of amount - Recovery of the amount - The appellant has come with the bona fide defence that he was never informed on the date when the auction was held or day thereafter that the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Extension of time for completing investigation - Conditions to be satisfied are, viz. (i) that there is a report of Public Prosecutor; (ii) that report of Public Prosecutor indicates progress of investigation; (iii) that report should specify compelling reasons for seeking detention of accused beyond..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Extension of time for completing investigation - Neither report of Public Prosecutor is on record of Court below, nor there is any reference to any such report of Public Prosecutor in impugned order of extension of time - Even, communication of..........
Ranbir Penal Code, 1989, Section 499 -- Defamation - Quashing of complaint - Accused in the capacity as Senior Office bearer has reported allotment of various construction contracts by Works Minister claimed by complainant to be referring to him without tenders or following procedure of Rules and regulations - Expression good faith and public good appearing in S.499..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Orders/judgments passed by Revenue Court placed on record by defendants - Orders/judgments passed by Courts are public documents and same though placed on record by defendants, can definitely be considered while deciding application U.O.7.R.11 CPC...........
