Indian Penal Code, 1860, Section 307, 324, 326, 149 -- Reduction of sentence - Attempt to murder - Accused took plea of facing agony of proceedings for 18 long years - Held, complainant/injured also faced the agony of watching the accused avoiding their punishment - For making the balance, sentence of accused reduced to 3 years...........
Indian Penal Code, 1860, Section 320, 322 -- Grievous hurt - Emasculation - Entrustment of investigation to CBI - A large number of persons who are said to have been affected are spread over several States - Victims are from Punjab, Haryana and Rajasthan - It is not known whether the persons belonged to other States are also involved - Imperatives for tightening the rigour..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Cruelty - Wife suffering from HIV virus and she levelled false allegation that infection was transmitted to her by her husband - Attempt of wife to conceal her ailment from husband - From the very beginning of marriage behaviour of wife towards husband and his family members had been harsh and torturous - Held, all these..........
Assam Land and Revenue Regulations, 1886, Section 69, 70 -- Sale of Land - It was necessary for State to have justified their action by showing that sincere attempt was made to first sell moveable as per procedure prescribed in S.69 and when it was noticed that it was not possible to recover arrears by sale of all attached moveable's, extreme step of recovery of arrears by..........
Indian Penal Code, 1860, Section 354, Criminal Procedure Code, 1973, Section 438 -- Outraging modesty of woman - Anticipatory bail - Accused was engaged with complainant by roka ceremony and developed intimacy with her - Accused indulged in acts of outraging modesty of complainant to an extent that he made an attempt to rape her - Improbability of complainant story and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Discretionary power - Larger interest of litigants needs to be taken care of and discretionary power of amendment should be exercised in order to do full and complete justice - Court ought not to go into correctness or falsity of case in amendment - No finding needs to be recorded on merits of..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - No eye witness of incident except the prosecutrix herself - Nobody is even seen prosecutrix while accused was taking her away with him - Delay of more than 3 days in lodging of FIR - No report has been lodged even about missing or `Gumshudagi' of prosecutrix - Prosecutrix not only admitted her..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23, 20(ii)(c) -- Recovery of 560 kgs charas - Non-commercial quantity - Reduction of sentence - Prosecution failed to adduce any evidence that accused were owners of consignment of illicit charas as no attempt was made to search and arrest original owner as alleged by accused and array him as an accused -..........
Indian Penal Code, 1860, Section 420, 467 -- Cheating - Fabricating false record - Complainant filed civil suit challenging decision of Electricity Board in returning his tender documents on the ground that the same were not as per pre-qualifying conditions of the tender and was dismissed as withdrawn and order of civil court was challenged by filing writ petition which..........
Civil Procedure Code, 1908, Section 96 -- First appeal - First appellate Court did not deal with any of the submissions urged by appellant and/or respondent nor it took note of the grounds taken by appellant in grounds of appeal nor made any attempt to appreciate evidence adduced by parties in the light of settled legal principles and decided case law applicable to the..........
