Indian Penal Code, 1860, Section 376, 302 -- Rape and murder of 5 years girl - Conviction on basis of last seen evidence and recovery of blood stained clothes - Death sentence - Held, there is no inflexible rule that death sentence cannot be awarded in a case resting on circumstantial evidence but Courts are as a matter of prudence hesitant in awarding this sentence in..........
Civil Procedure Code, 1908, Section 86(1), (3), Article 11(b) - - Termination from service - Respondent instituted Civil Suit against embassy after obtaining permission from Ministry of External Affairs - Respondent had prayed for recovery of retiral dues, retirement benefits and compensation for belated payment - Illegal termination was not questioned by respondent - As..........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - Appreciation of evidence - Appellant alleged to have committed murder of his wife - Convicted u/ss 498-A, 304-B IPC - Challenge thereto - As per post mortem report deceased died due to strangulation - Recovery of one pair of scissors from appellant's almirah and a piece of chunni from drain of ground floor of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of smack from possession of accused - Accused was informed that a Gazetted officer or a Magistrate could be arranged for taking his search, if he so required - Held, this intimation could not be treated as communicating to accused that he had a right under law to be searched before said..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration - By way of amendment, relief is being substituted from declaration to that of recovery of money - Entire gamut of facts more or less remains - Held, amendment application of appellant/plaintiff allowed...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3, 27 -- Murder - Disclosure statement - Recovery of dead body - Dead body of deceased recovered from field of sugarcane at instance of accused - Evidence of police recovering dead body fully corroborated by evidence produced by other witnesses - Plea of accused that sugarcane field being accessible to..........
Sick Industrial Companies (Special Provisions) Act, 1985, Section 22, Electricity Act, 2003, Section 9,64 -- Writ petition for quashing action taken by Punjab State Electricity Board for recovery of electricity dues payable to Board for recovery as arrears of land revenue - Initial order declaring petitioner Company as sick was later modified by AIFR with recommendation..........
Civil Procedure Code, 1908, Section 11, Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5 -- Res judicata - Unauthorized occupants - Ejectment of tenant - Application for ejectment was previously dismissed on the ground that tenants were not in unauthorized and the payment of leases showed that there had been a continuation of lease and that..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5, Transfer of Property Act, 1882, Section 117 -- Agricultural land - Lease for agricultural purpose - Ejectment of tenant - Applicability of provisions of TP Act, 1882 - Held, by virtue of S.117 of TP Act, 1882, provision relating to eviction contained in the Act are not applicable to..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22, 29, 25 -- Recovery of loan - Auction sale of property - Object of the Act - Held, Act of 1993 has been enacted for the establishment of Tribunals for expeditious adjudication and recovery of debts due to Banks and Financial Institutions and for matters connected therewith or incidental thereto..........
