Indian Penal Code, 1860, Section 323, 325 -- Hurt - Reduction of sentence - All the injuries attributed to accused on person of complainant are simple in nature - Occurrence has also taken place due to trifle dispute - Both parties related to each other - Accused already faced the agony of litigation for more than twelve years - Sentence reduced to period already..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1 year - Petitioner has been pursuing litigation diligently and only because of no, representation due to death of sole bread winner of family the ex parte proceedings had been initiated - Finding of lower Court that petitioner was aware of auction proceedings as had gone to the fields for the purpose of..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Reduction of sentence - Bribe amount is Rs.500/- - Accused has faced agony of litigation for last more than 22 years - No material on record that accused is previous convict - Sentence reduced u/s 7 of Act from 2 years R.I. to 6 months R.I and sentence u/s 13(2) of Act reduced from 2 years R.I..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 350 gms of opium - Reduction of sentence - Accused convicted and sentenced to 5 years R.I and to pay fine of Rs.5000/- - Accused already undergone substantive sentence of about 10 months - Accused was below 20 years of age at the time of commission of offence and he was a poor man, having old..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband earning not less than 12 lacs p.a and he has to maintain himself only, as his mother already own 50 acres of land in the same village - Husband can manage with half of the amount and half of the amount could be given to wife - Rs.50,000/- p.m. allowed as maintenance pendente lite and husband also..........
Civil Procedure Code, 1908, Order 21, Rule 17 -- Execution of decree - Powers of Executing Court - If terms of decree are ambiguous, executing court can construe decree with aid of judgment and pleadings - Decree has to be enforced and interpreted in such a manner that litigation between parties is shortened - Moreover, real intention of parties is to be gathered from..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Purchaser during the pendency of a suit would be bound by the result of litigation - Transaction is not rendered void and/or of no effect...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Reduction - Maintenance granted to wife Rs.7,000/- per month and Rs.2,500/- as litigation expenses - This amount is rather very meagre but since there is no application for enhancement of the same it cannot be increased - Modification of order for reducing the maintenance is clearly misfounded and has no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 1 kg of charas - Non-commercial quantity - Reduction of sentence - Accused convicted and sentenced to 10 years R.I and to pay fine of one lac - Accused has undergone the agony of litigation for more than 16 years and he has small children and old mother to look after as his father..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - At appellate stage - Cannot be allowed to be withdrawn by Court as a matter of course when by virtue of such withdrawal vested or substantive rights of any party to litigation will be adversely affected...........
