Criminal Procedure Code, 1973, Section 432, 433, Indian Penal Code, 1860, Section 302, 307, 394 -- Pre-mature release - Murder - Number of accused found guilty was less than five, thus robbery could not have been termed as dacoity - Accused was neither convicted for offence of dacoity nor having committed dacoity with murder - However, case of accused for his premature..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 342, 330, 385, 149 -- Sanction for prosecution - Offence u/ss 342, 330, 385, 149 IPC - Accused were working on different posts of Forest Department and were acting in discharge of their official duty at the time of incident - Court is thus, prevented from taking cognizance until and unless..........
Criminal Procedure Code, 1973, Section 173 -- Copy of charge sheet - Copies of charge sheet and relevant documents along with charge sheet do not fall within S.4(1)(b) of RTI Act - State cannot be directed to put on their websites copies of all chargesheets/challans filed u/s 173 Cr.P.C...........
Employees State Insurance Act, 1948, Section 1(6) -- As amended - Effect of amendment - S.1(6) of the Act shall be applicable even with respect to establishments established prior to date of amendment of said provision - ESI Act shall be applicable irrespective of number of persons employed or notwithstanding that number of persons employed at any time falls below the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 12 grms smack - No material available on record to meet out all steps as enacted in the Act - Accused acquitted as State failed to lead evidence to meet out the legal provision of the Act...........
Criminal Procedure Code, 1973, Section 302 -- Permission to conduct prosecution by her own advocate - FIR is of the year 2011 - Case is still pending and a distress woman is continuing to pray for justice even after 10 long years - Opportunity is given to de facto complainant/her advocate a fair and effective hearing, as victim/complainants rights are totally independent,..........
Constitution of India, 1950, Article 12 -- State - Indian Association for Cultivation of Science (IACS) is a State within the meaning of and for purpose of Art.12 of Constitution of India as it is financially, functionally and administratively is under the control of Government of India, as such it is amenable to writ jurisdiction of High Court...........
Evidence Act, 1872, Section 101 -- Burden of proof - Suit for declaration of title and recovery of possession - Burden of proof to establish a title in the suit lies upon plaintiff, as this burden lies on party who asserts existence of a particular state of things on basis of which she claims relief...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Trust property - Suit property was acquired by State Government as per objectors - However, no evidence on record to substantiate such fact - Moreover, plea of acquisition taken first time during execution proceedings - Even otherwise, properties of religious purposes having construction..........
Will -- Probate - Will was neither registered nor notarized - One of attesting witnesses to Will was Court clerk of Advocate who prepared Will - Petitioner himself admitted that testator suffered from depression - Testator expired barely a month after the Will was executed - Petitioner failed to satisfy Court that Will was signed by testator out of his own free Will or..........
