Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(g) -- Wrongful dispossession - Allegation that accused not only blocked the passage of complainant but they have also encroached upon land belonging to complainant by erecting boundary wall - However, there is no evidence on record that land came to be occupied by accused after..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - FIR referred presence of PW1 and PW2 - Substantive testimony of these two witnesses discloses that accused had opened an assault on deceased which led to his death - Assertion on part of PW1 that her earlier statement recorded during investigation was read over to her does not mean that she was tutored to follow line of..........
Bank locker -- Proper procedure for operating and allotting lockers be followed, viz. (a) maintenance of a locker register and locker key register; (b) Locker register shall be consistently updated in case of any change in allotment; (c) Bank shall notify the original locker holder prior to any changes in the allotment of the locker, and give them reasonable opportunity..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Handwriting expert - Signatures on cheque admitted by accused while recording his defence statement u/s 263(g) Cr.P.C - Accused thus, cannot escape his liability on the ground that same had not been signed by him - Moreover, if there was any manipulation/alteration in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 34 -- Bail - Marriage performed with one `G' by executing marriage agreement and attested by Notary - Applicant signed the marriage agreement as a witness - After 5/6 days said `G' fled away from his house with all her belongings - Applicant is in custody since 16.09.2020 - Without..........
Supreme Court Rules, 2013, Order 40, Rule 1 -- Transfer of writ petitions pending in different High Courts to Supreme Court - Several writ petitions pending in different High Courts challenging validity of guidelines issued by Institute of Chartered Accountants of India on the ground that same is violative of Art.19(1)(g) of Constitution - Said guidelines and consequent..........
Advocates Act, 1961, Section 7(1)(h), Constitution of India, 1950, Article 19(1)(g) -- Ban on opening of New Law Educational Institutes - Due to non-compliance of guidelines/circulars by law college already approved - BCI cannot justify its failure to ensure maintenance of standards of Legal Education by imposing complete ban on setting up of New Law Colleges in violation..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - (a) In the first instance, Family Court should make an endeavour for settlement of dispute; (b) If proceedings for settlement are unsuccessful,..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Quantum of maintenance - Criteria - (i) There is no straitjacket formula for fixing quantum of..........
Telangana Civil Services (Classification, Control and Appeal) Rules, 1991, Rule 8 -- Order of suspension from service - Non-reviewing of - Legality - G.O.Ms.No.86, Dt. 08.03.1994, mandates competent authority to undertake review of suspension of employee at end of every six months - After suspension order petitioner/employee was dismissed from service - Said order of..........
