Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide notes were written weeks before the act of suicide and not in close proximity to the date of suicide - There is no reference to any instigation by accused/wife to prompt the deceased/husband to commit suicide - Suicide notes indicate that deceased felt need to commit suicide - Other than ordinary..........
Arbitration and Conciliation Act, 1996, Section 7(5) -- Arbitration agreement - Two contracts - Reference in the second contract to the terms and conditions of the first contract - A general reference would not have the effect of incorporating the arbitration clause - Impugned order appointing arbitrator set aside...........
Indian Penal Code, 1860, Section 153A -- Offence u/s 153-A IPC - Quashing of FIR - Offending news article was aimed at frustrating the proposed foundation stone laying ceremony on the land, of which complainant claims to be the true owner - There is no reference to any group or groups of people in the said offending news article - Publication focuses totally on the..........
Custodial torture -- Compensation - Appellant taken out of lock up in handcuffs and paraded half naked with garland of footwear around his neck and verbally abused with reference to his caste - Enough material on record to show that respondent No.2 committed excesses against appellant by totally abusing his official position - However, since respondent No.2 has..........
Service -- Regularization - 19 Out of 32 workers regularized - Nature of duties performed by 13 workmen are perennial in nature - Appellant failed to establish any distinction between the two sets of workers - Tribunal was justified in answering the reference and returning the finding that they hold the same status as regularized employees...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Proof beyond pleadings - Plea of 1965 partition - Specific amendment in the pleadings was sought by plaintiff with reference to 1965 partition but the same was rejected - Even the pleadings to that effect sought to be taken in replication filed by plaintiff was struck off by trial Court - In such a situation, evidence with..........
Punjab Pre-emption Act, 1913, Section 3(3), 8(2) -- Right of pre-emption - Urban immovable property located in a municipal area of Haryana - Notification of 1985 provides that right of pre-emption shall not exist in respect of sale of land falling in the areas of municipalities in Haryana - Land and immovable property are two different terms - Notification limits its..........
Negotiable Instruments Act, 1881, Section 138, Information Technology Act, 2000, Section 4 -- Dishonour of cheque - Notice sent through email or whatsapp - Notice mentioned in S.138 of N.I. Act will also include email or WhatsApp if the same remains available for subsequent reference...........
Negotiable Instruments Act, 1881, Section 138, Information Technology Act, 2000, Section 4 -- Dishonour of cheque - Notice sent through email or whatsapp - Notice mentioned in S.138 of N.I. Act will also include email or WhatsApp if the same remains available for subsequent reference...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 406, 467, 468, 471, 120B -- Quashing of FIR - Offence alleged to be committed on the basis of fabricating and forged documents - However, there is no reference to any document which has been forged - More so, complainant failed to appear before Court to justify the allegations made..........
