Criminal Procedure Code, 1973, Section 433A -- Pre-mature release - Double murder case - Dispute between accused and his wife - Wife went to her parental home due to cruelty and harassment meted out to her by accused - On account of this accused got enraged and went to parental home of his wife - Accused threw his wife in a big tank with intention to kill her - He then..........
Prevention of Corruption Act, 1988, Section 4, 3 -- Jurisdiction of Special Judge - Presiding officer decided the case after publishing the notification issued by Government - Judgment passed by Special Judge is perfectly in order - Presiding Officer is undoubtedly Special Judge competent to try case under the Act, the date on which judgment was pre-delivered...........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Delay - Condonation - Delay of 74 days in filing of appeal - Period of limitation for filing appeal is 60 days - Satisfactory grounds have been furnished for delay to which personal pre-occupation of counsel also comprised a contributory factor - There is no gross negligence or deliberate inaction or..........
Ports Act, 1908, Section 68, 35 -- Pre-publication - Order of revision of berthing charges without pre-publication in Gazette is considered bad in law as said order will fall within sweep of S.68 of the Act...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Dismissed as premature - Plaintiffs purchased the land from predecessor-i, interest of defendants - Both the Courts below found that sale deed in question is a valid and genuine document - Plaintiffs were put in possession of land but revenue authorities have only entered mutation of small portion of land -..........
Criminal Procedure Code, 1973, Section 482, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Section 23, 25, Indian Penal Code, 1860, Section 120B, 201 -- Quashing of proceedings - Sex determination - Victim stated that her husband and mother-in-law took her to clinic of petitioner when she was three months pregnant for..........
Civil Procedure Code, 1908, Section 92 -- Suit against Public Charitable or Religious Trust - Leave to file suit is pre-condition - There will be no properly instituted suit under law before formal leave is granted - Only after grant for leave to institute suit, other interlocutory applications can be considered and orders can be passed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 436, 427, 148, 149, 120B, 188, Prevention Of Damage to Public Property Act, 1984, Section 4, Explosive Substances Act, 1908, Section 3, 4 -- Bail - Offence u/ss 307, 436, 427, 148, 149, 120-B, 188 IPC, S.4 of 1984 Act and Ss.3, 4 of 1908 Act - Petitioners had a very desperate idea to..........
Gujarat Agricultural Lands Ceiling Act, 1960, Section 6(3B) -- In order to claim benefit of S.6(3B) of the Act, test which must be satisfied is a two fold test:- (i) whether claimant's family consists of more than five persons; (ii) test that is required to be answered in favour of the person who claims the benefit of S.6(3B) of the Act is that such family must also..........
Legal Services Authorities Act, 1987, Section 22(C) -- Permanent Lok Adalats - It is constituted for settling dispute at pre-litigative stage...........
