Indian Penal Code, 1860, Section 302, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 20 -- Murder - Juvenile - Pistol shot hitting deceased on his left scapula - Land dispute between parties - Medical opinion that death occurred due to bullet injury which was sufficient to cause death - Evidence of other witnesses cannot be discarded as there was no..........
Punjab State Election Commission Act, 1994, Section 76, 80 -- Sarpanch - Challenge to election - Question of limitation - It is a mixed question of law and fact - It has to be decided after parties lead evidence - Issues has to be framed and opportunity to both the parties to lead evidence has to be given...........
Transfer of Property Act, 1882, Section 60 -- Mortgage of property to tenant - Rent was to be appropriated towards interest - Redemption of mortgage - Relationship of landlord and tenant continues to subsist between the parties - On passing of decree for redemption of mortgage, tenant cannot be directed to handover possession of suit property merely because of redemption -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 323, 504 & 506 IPC and Ss.3, 4 Dowry Prohibition Act - Parties entered into compromise and all differences and disputes amicably settled - Proceedings quashed...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Mutual consent should continue till the divorce decree is passed - The other requirements of provision of S.13-B(1) of Hindu Marriage Act are (i) parties are living separately for a period of one year; (ii) parties are not able to live together and (iii) parties have mutually agreed that marriage should..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Mutual consent should continue till the passing of the decree - Decree passed when only one of the parties appeared after expiry of statutory period of six months - Not a case where the settlement between the parties has been given effect to before filing of petition for divorce by mutual consent in other..........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Interest - Arbitration award - Difference between clauses (a) and (b) of S.31(7) of the Act are : (i) Clause (a) relates to pre-award period and clause (b) relates to post-award period - The contract binds and prevails in regard to interest during the pre-award period - The contract has no application in regard to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 323, 504 & 506 IPC and Ss.3, 4 Dowry Prohibition Act - Parties compromised - Matrimonial dispute is of a pure personal nature - No purpose in continuing the criminal proceedings - FIR and all proceedings..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 44 -- Bar of Civil Court jurisdiction - Change of consolidation scheme without impleading and without notice to the affected parties in violation of mandatory provision of proviso to S.42 - Whenever principles of natural justice are violated, the order becomes nullity and civil..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitrator - Appointment - Arbitration agreement - Once the contract is concluded orally or in writing, the mere fact that a formal contract has to be prepared and initialed by the parties would not affect either the acceptance of the contract so entered into or implementation thereof, even if the formal contract has..........
