Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - First Appellant Court reduced the sentence of 1 year as awarded by trial Court and ordered release of accused on probation - As regarding compensation of Rs.50 lakhs to complainant, first Appellate Court granted substantial relief to accused to make payments in instalments -..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Juvenile - Bail - Incident occurred on a broad day light in which report was lodged within 45 minutes - Accused along with his family members in a brutal manner killed an advocate and assaulted his other family members - Number of criminal cases are pending against accused - Even brother and father..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), Criminal Procedure Code, 1973, Section 451 -- Confiscation of vehicle used in carrying contraband - Release of - Owner of vehicle not named as co-accused - It would not be in interest of justice to deny him release of vehicle on sapurdari - Vehicle released on sapurdari...........
Hindu Law -- Ancestral property - Partition - If partition was not proved, even father/Karta had no power under Hindu Law to make a release of his own undivided share...........
Hindu Law -- Ancestral property - Release deed - Release operates on the same footing as a gift of ancestral property and void in law - If it is brought in challenge by a person who is not made a party to release, he is entitled to obtain a declaration that release is void...........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle engaged in illegal mining, as petitioner had no valid license to undertake mining operations in concerned area - Vehicle not only liable to be seized but also be confiscated, as confiscation proceedings are separate and independent proceedings which can be initiated by Court concerned..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, 406 -- Bail - Dowry death - Cruelty - Death by burning - General and vague allegations against father-i, law and mother-i, law of deceased - Neighbours stated that they had neither seen nor heard anything unusual or any serious quarrel or fight between the family members - Moreso, no..........
Criminal Procedure Code, 1973, Section 452 -- Release of vehicle - Accused acquitted - State did not file appeal - Vehicle ordered to be released after verification of ownership subject to furnishing adequate security and after imposing certain conditions that in case appeal is filed by State and in case, vehicle is required at any stage, appellant shall undertake to..........
Service -- Retrospective promotion with ante-dated seniority - In normal circumstances, when retrospective promotions are effected, all benefits flowing therefrom, including monetary benefits, must be extended to an employee who has been denied promotion earlier - Principle of `no work no pay' would not be attracted where respondents were in fault in not considering the..........
Legal Services Authorities Act, 1987, Section 22A(b)(iii) -- Public utility service - Release of electricity connection - It is public utility service as it falls in `supply of power' - Merely because word public has been used it cannot be said that it has to be for more than one person - Public includes even a single entity as well...........
