Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 27, 30 -- Attempt to murder - Reduction of sentence - Accused are 65-66 years of age and are not previous convicts - Nor they committed any offence after the present offence - Sentence of 7 years R.I u/ss 307, 34 IPC, thus reduced to 3 years R.I, with fine of Rs.2000 each, in default of which they will..........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Partition suit - Dismissal in default - Bar to fresh suit on same cause of action - Not applicable to partition suit - Successive suit for partition on same cause of action, is maintainable till partition is effected by metes and bounds...........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 8 -- Res judicata - Partition suit - Dismissal in default - Order of dismissal for non appearance of plaintiff in earlier suit does not operate as res judicata in subsequent suit...........
Limitation Act, 1963, Article 55 -- Limitation - Hire purchase agreement - Breach in payment of instalments - Suit for recovery - Limitation starts to run when default in payment of instalments was committed as terms of agreement clearly indicate that on committing breach of terms and conditions of the agreement rights shall accrue to the plaintiff to sue for balance..........
Limitation Act, 1963, Article 55 -- Limitation - Hire purchase agreement - Breach in payment of instalments - Suit for recovery - Limitation starts to run when default in payment of instalments was committed as terms of agreement clearly indicate that on committing breach of terms and conditions of the agreement rights shall accrue to the plaintiff to sue for balance..........
Indian Penal Code, 1860, Section 409 -- Reduction in sentence - Criminal breach of trust - Misappropriation of money - Appeal against conviction - Accused convicted and sentenced for R.I. 1 year and to pay fine of Rs.2000/- and in default to suffer R.I. for 6 months - Incident occurred three decades ago and accused has no previous criminal antecedent - Even, accused..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Extension of time for investigation - Counsel representing accused was present when application for extension of time was filed - Contents of application were brought to the notice of counsel and he did not raise any objection for such..........
Protection of Children from Sexual Offences Act, 2002, Section 8 -- Sexual assault on deaf and dumb girl aged 12 years - Quantum of sentence - Punishment prescribed u/s 8 of the Act is not less than 3 years which may extend to 5 years - Conduct of accused in sexually assaulting a deaf and dumb girl who was not in a position to protect herself fully warrants maximum..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 32B -- Recovery of 5 kg heroin - Reduction of sentence - Recovery effected from conscious possession of accused without any permit or sanction to carry it - Purity of said heroin ranges from 78.23% to 80.44% - Recovery of sim cards of a neighbouring country points to a possibility wider network at play..........
Indian Penal Code, 1860, Section 376, 377 -- Rape of 11 years old girl - Unnatural offence - Quantum of punishment - Accused was hardly 31 years of age at the time of incident - He has been in jail since his arrest - It is not reported that accused had an bad antecedents and after the occurrence also, he repeated any such crime - There are lot of chances for reformation -..........
