Clean hands -- Stating wrong fact - It is an unfair device of obtaining favourable order which ostensibly amounts to interference in the dispensation of justice by abusing the process of Court - Petition dismissed with costs of Rs.20,000/-...........
Arbitration and Conciliation Act, 1996, Section 34 -- Setting aside of arbitral award - Dismissal of application - Appeal - Appellant entering into 2 sub-contracts with respondent - Respondent claiming amount to extent of execution through arbitration - Plea of appellant while resisting claim of respondent that main contract and sub-contracts are `back to back' in nature -..........
Criminal trial -- Burden of proof - Prosecution has to prove guilt of accused beyond all reasonable doubt - Also, if two views are possible on evidence adduced in case, one pointing to guilt of accused and other towards his innocence, view which is favourable to accused should be adopted...........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Statement of witness has to be taken as a whole and not by pick and choose, which is favourable to one of the parties...........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - If two views are possible on evidence adduced in the case, one pointing to the guilt of accused and the other to his innocence, the view which is favourable to accused should be adopted...........
Criminal jurisprudence -- If two views are possible on the evidence adduced in a case of circumstantial evidence, one pointing to the guilt of the accused and other to his innocence, Court should adopt the later view favourable to accused...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Juvenile - Bail - Petitioner is a student - His father has come forward to get him released on bail undertaking that he will not involve in any criminal activities till he continues on bail - Social investigation report of probation officer is favourable to juvenile for his release on bail - Report..........
Indian Penal Code, 1860, Section 376, 366, 346 -- Rape & Kidnapping - Proof of age - No birth certificate produced by prosecution - Ossification test report showing bone age of prosecutrix between 16 or 17 or there may be variation of 2 years on either side - It may be 19 years as well - Held, if two views are possible with regard to a particular circumstances, benefit may..........
Guardians and Wards Act, 1890, Section 7, 10, 12 - - Custody of minor child - Welfare of child is of paramount consideration - However, in giving custody of child to a party, Court is obliged to consider child's ordinary comfort, contentment, heath, education, intellectual development and favourable surroundings...........
Shifting of outlet -- Order of Divisional Canal Officer has reversed by Superintending Canal Officer on ground that existing outlet is at southern corner of chak which cannot provide better irrigation and with shifting of outlet better irrigation facilities could be provided to whole of chak - It was also found that FSL of proposed outlet are favourable and will provide..........
