Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 118 -- Murder - Death by burning - Testimony of child witness aged 8 years - PW15, daughter of deceased was found competent to depose in Court - She categorically stated that her father had set her mother on fire - Statement of PW15 is natural and it cannot be said that she was tortured to make such a..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Deceased set on fire after pouring kerosene oil upon her by her husband - However, deceased in her dying declaration stated that after setting her on fire, accused poured pot of water and tried to douse fire by using blanket etc. - Such act of accused is reliable and not disputed - Intention of accused..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Disclosure statement - Recovery of knife, blood-stained clothes and ashes of burnt blanket - If accused gives a statement that relates to discovery of a fact in consequence of information received from him, it is admissible - Rest part of statement which does..........
Representation of the Peoples Act, 1951, Section 9A, Constitution of India, 1950, Article 226 -- Election to Legislative Assembly - Jurisdiction of High Court - Decision of Governor declaring petitioner disqualified u/s 9-A of 1951 Act is under challenge before High Court - Interference of High Court in exercise of Jurisdiction u/art 226 of Constitution is absolutely..........
Constitution of India, 1950, Article 32, Central Vigilance Commission Act, 2003, Section 4(1) -- Appointment - Chief Vigilance Commissioner - Recommendations of High Powered Committee - Institutional integrity - Judicial review - Under proviso to Section 4(1) the HPC had to take into consideration what is good for the institution and not what is good for the candidate -..........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 113A -- Suicide - Abetment of - Presumption as to - When arises - Held, presumption would arise regarding abetment of suicide provided that death of a lady by suicide occurred within seven years from date of her marriage and further her husband or such relatives of her husband had subjected her to..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - No blanket order can be passed u/s 438 Cr.P.C. to prevent the accused from being arrested at all in connection with the case...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 38, 41 -- Injunction suit against Father (Karta) not to alienate ancestral property and joint family property - Held, suit not maintainable - Remedy with coparcener is to file suit after alienation seeking declaration that alienation was without legal necessity - Exception to this..........
Indian Penal Code, 1860, Section 376 -- Rape - Girl aged two years - Girl was missing at 7 p.m. and found at 9.45 p.m. - Girl found in room of appellant wrapped in a blanket bleeding from her vagina - No evidence that wife and daughter of appellant were not present in room - Accused explained that he found girl crying outside and brought her in his room where his wife and..........
Criminal Procedure Code, 1973, Section 438 -- Blanket anticipatory bail - Held, that normally a direction should not be issued that applicant shall be released on bail whenever arrested for whichever offence whatsoever - Such a blanket order cannot be passed...........
