Indian Penal Code, 1860, Section 394, 397, Evidence Act, 1872, Section 27 -- Offence u/ss 394, 397 IPC - Recovery of ornaments at the instance of accused - No evidence that recovered articles were sealed at the time of recovery or that they were kept secure in the Malkhana of police station till the same were subjected to identification before Executive Magistrate -..........
Hindu Marriage Act, 1955, Section 26 -- Custody of child granted to mother - Modification of custody order - Father was granted physical access of minor daughter on weekends and video access of alternate days - Both the parents are working - Paternal grandmother is a political figure and due to her social work, she was unable to spend time/take care of 9 years old child -..........
Statute -- Subordinate legislation - Subordinate legislation is determined by empowerment of parent act - Legislative authorization enabling the executive to make rules prospectively or retrospectively is crucial - Without a statutory empowerment, subordinate legislation will always commence to operate only from the date of its issuance and at the same time, cease to exist..........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 43D -- Bail - Offence under Unlawful Activities Act - Allegation against accused is of harboring co-accused pertains to the period when he was not declared P.O - Accused has not been declared terrorist till date - She is a 58 years old lady and has been in custody for a period..........
Constitution of India, 1950, Article 226 -- Writ petition - For filing of a writ petition, there is no fixed period of limitation prescribed - However, when extraordinary jurisdiction of writ Court is invoked, it has to be seen as to whether it is invoked within reasonable time...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest and detention of JD - JD disobeying the order of attachment, sold away the property to third parties during the pendency of suit and prior to filing of execution petition - JD thus, had sufficient means to pay decretal amount - Plea of JD seeking extension of six months time is not acceptable, as executing..........
Consumer Protection Act, 1986, Section 23 -- Home buyers - 90% payment made - Failure to deliver possession in time - National Commission erred in directing that developer shall be entitled to charge interest @ 9% p.a from appellants on the balance amount till date of payment - Judgment of National Commission to that extent set aside...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - PW1 brother of deceased stated that PW4 informed him that accused had assaulted deceased by using a stick - However, PW1 did not state that PW4 was present when he reached the place where he found that deceased was laid in a tempo - Presence of PW4 at the time of incident is doubtful - Prior enmity of PW4 with accused..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of claimant - Claimant was self employed as a mechanic at the time of accident and had work experience of over 30 years - Income of claimant has to be construed @ Rs.6500 p.m in substitution of Rs.3500 as computed by Tribunal and High Court - Claimant would be entitled for enhanced compensation of..........
Indian Penal Code, 1860, Section 302, 394, 411, Arms Act, 1959, Section 25 -- Murder - Name of assailants not mentioned in FIR - PWs recognized accused first time in Court - In the absence of Test Identification Parade, dock identification was an absolutely useless piece of evidence - PW2 stated that accused was introduced to her in Thana and that she was able to recognize..........
