Indian Penal Code, 1860, Section 53 -- Death sentence - Wherever prosecution is of opinion that accused is convicted for grave offence, for which death sentence is warranted, it should carry out the exercise of placing materials in terms of Manoj Vs State of MP case.. for evaluation...........
Advocates/Bar Associations -- Redressal of grievances of Advocates/Bar Associations - Constitution of Grievance Redressal Committees - Directions issued viz. (i) No member of Bar can go on strike and/or abstain himself from Court working; (ii) If the member of Bar has any genuine grievance or difficulty being faced because of procedural changes in filing/listing of..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Verification of signatures from private expert - Even, private expert must be a person of repute having good experience in the field - Court thus, expected to assign the matter to named private expert or it may assign it to State Forensic Science..........
Labour law -- Tribunal held that employees working as Super visors are entitled to Double Over Time Allowance - Claim of the respondents before the Tribunal was not based on any statutory rule but based entirely upon Section 59(1) of the 1948 Act - Workers covered by Factories Act do not enjoy the benefit of Government service - Therefore, Persons holding civil posts or..........
Labour law -- Tribunal held that employees working as Super visors are entitled to Double Over Time Allowance - Claim of the respondents before the Tribunal was not based on any statutory rule but based entirely upon Section 59(1) of the 1948 Act - Workers covered by Factories Act do not enjoy the benefit of Government service - Therefore, Persons holding civil posts or..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - State and its instrumentalities cannot be permitted to adopt an attitude of pick and choose - If State has accepted award of Reference Court in respect of some of claimants, it cannot be permitted to adopt a different treatment to other claimants - In that view of matter, order of High Court..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Vesting of land with State is with possession - Any person retaining the possession thereafter has to be treated as trespasser...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case outside the State - Murder case - Apprehensions of petitioners, some of which are genuine and can be effectively redressed by issuing appropriate directions - More than 90 witnesses are yet to be examined - Transfer of trial to any other neighboring State will cause serious impediment in deposition of those..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Removal of encroachment - Court while directing to remove encroachment does not state on what basis Court has arrived at conclusion that there had been an encroachment - There is nothing forthcoming to prove that defendant had caused any encroachment - Impugned order set aside -..........
Will -- Proof of - Exclusion of legal heirs - Reasons not stated - Will with regard to properties of testator in State of HP and Punjab - Will not produced by any of parties when properties in H.P was mutated in favour of legal heirs in terms of natural succession - Mother of defendant/beneficiary of Will was present at that time before authorities in H.P. did not..........
