Criminal Procedure Code, 1973, Section 154 -- Delayed FIR - Delay in lodging FIR properly explained as being a father of deceased PW5, became unwell for two hours after death of his son - More so, another incident of setting fire to the house of accused in the same night, which is the outcome of the murder of deceased at the hands of accused persons, also had some impact..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Bail - Juvenile in conflict with law - Bail should not be granted to juvenile on the very same day of his production - Such direction would go contrary to the mandate of S.12(1) of the Act - Even no such direction u/s 482 Cr.P.C. can be given contrary to the express statutory provisions under a..........
Agreement to sell -- Specific performance - Readiness and willingness - Mere readiness and willingness of plaintiff to perform her part of contract, by itself is not sufficient to grant equitable relief particularly when plaintiff failed to establish that defendants are full-fledged owners of property and that other defendants have consented for the transaction and further..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Striking out parties - Defendant No.7 filed the application for deletion of another defendants from array of parties - Plaint contain averments suggesting a concerted action, or conspiracy between various defendants - Court cannot in the absence of full trial comment on the strength or weakness of those averments nor it can..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Eviction - Non disclosure of full facts in earlier petition - Cannot lead to inevitable conclusion that in subsequent petition landlord would make out a false case...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of Cheque - Compounding of offence - Accused convicted for no, payment of cheque amount - However, as per settlement between parties, complainant agreed to accept the amount as agreed between parties towards full and final settlement of all dispute - Since accused deposited the entire amount agreed between..........
Indian Penal Code, 1860, Section 376 -- Rape - Injury on the body of victim is not sine qua non for commission of an offence of rape - It is also not necessary that injury has to be substantive or there has to be full penetration for the purpose of establishing offence of rape...........
Service -- Departmental proceedings - Principle of natural justice - Inquiry officer fully observed principle of natural justice while conducting departmental proceedings - Appellant served with detailed charge sheet along with documents referred to therein and he filed reply to the same - Parties were given full opportunity to adduce evidence - Held, principle of natural..........
Industrial Disputes Act, 1947, Section 25F -- Labour law - Termination of workman - Order of reinstatement with back wages - Validity - Tribunal-cum-labour Court on the basis of evidence adduced by parties and applying the law laid down in the case of Bangalore water supply, rightly held that appellant is an industry - Action of appellant in terminating services of..........
Acid attack -- Compensation to victim - Four accused threw acid on face and bodies of two sisters while they were sleeping - Accused also used to harass elder victim girl - Elder victim girl suffered 28% burns on her body and 90% on her face - Victim had undergone several surgeries and has to undergo many more corrective and curative surgeries for her treatment - Victim's..........
