Criminal Procedure Code, 1973, Section 439 -- Bail - Investigation almost complete - Trial may take considerable time - If under-trials are allowed to be detained in judicial custody for an indefinite period, Article 21 of the Constitution of India is violated - Bail granted...........
Electrocution -- Compensation - Death due to coming in contact with live electric wire which snapped from the main over head line and lying in the field covered with grass - No evidence that live electric wire snapped suddenly because of heavy lightening, storm or heavy rain - Maintenance of electric lines is the responsibility of Electricity company - Petition for..........
Indian Penal Code, 1860, Section 304B -- Ingredients of the offence u/s 304-B IPC are : (a) To attract the provisions of S.304B IPC the main ingredient of the offence to be established is that soon before the death of the deceased she was subjected to cruelty and harassment in connection with the demand of dowry; (b) The death of the deceased woman was caused by any burn..........
Service -- Departmental proceedings - High Court, in its limited jurisdiction, under Article 226 of the Constitution, cannot set aside the punishment imposed in the departmental proceedings...........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 3(1), 7(1), 17(1), 18, 19, 25, 31(1), Article 18, 23, 18 -- Indian Stamp Act, 1899, Sch.1-B, Stamp Act, 1899, Schedule 1-B, - Stamp duty - Sale certificate - Such sale certificate is fully covered under Art.18, Sch.1-B of the Act, 1899 - Person is liable to pay stamp duty for consideration equal..........
Limitation Act, 1963, Article 113 -- Suit based upon bill of exchange payable by installments - There is no provision in the Schedule of the Act - It is the residual Article i.e. Article 113 which will apply...........
Hindu Marriage Act, 1955, Section 13B, Article 142 -- Constitution of India, - Power under Article 142 can be exercised in a petition u/s 13-B Hindu Marriage Act, 1955, only in appropriate cases and not as a routine...........
Constitution of India, 1950, Article 21 -- Scope - Any form of torture or cruel, inhuman or degrading treatment would fall within the ambit of Article 21 of the Constitution, whether it occurs during investigation, interrogation or otherwise...........
Telegraph Act, 1885, Section 7B, Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award u/s 7B of Telegraph Act - Cannot be challenged u/s 34 of Arbitration Act - Can be challenged under Article 226 Constitution of India...........
Criminal Procedure Code, 1973, Section 303, 304 -- Legal aid - Judgment passed without providing legal aid - Effect - Held, it is a fundamental right of every accused to get legal aid during trial - No man can be condemned unheard - Article 14 of the Indian Constitution makes it clear that every citizen has equal protection before law - It is a settled principle of law..........
