Constitution of India, 1950, Article 136 -- Principles governing for interference with finding of fact by Supreme Court : (1) It is open to Supreme Court to interfere with the findings of fact given by the High Court if the High Court has acted perversely or otherwise improperly; (2) When the evidence adduced by the parties in support of their respective cases fell short..........
Indian Penal Code, 1860, Section 302, 149 -- Death sentence - Rarest of rare cases - Mitigating circumstances - There was murder of six members of a family including helpless women and children - Trial Court convicted and imposed death sentence on all the accused for offences u/s 302/149 IPC - In appeal High Court converted death sentence of two appellants to life..........
Juvenile Justice (Care and Protection of Children) Act, 2000 -- Juvenile - Plea taken for the first time in Supreme Court - Held, that this plea cannot be taken at this stage as question of age of appellants is a question of fact on which evidence, cross examination is required - If plea of Juvenility is not raised before trial Court or High Court and is raised for the..........
Indian Penal Code, 1860, Section 366A, 380, 34 -- Missing of girls from Women Protection Home - Father of victim lodged a complaint that her daughter aged about 14 years was kidnapped by her uncle - Magistrate took cognizance - Victim recovered and accused was arrested - Father of complainant applied for custody of minor daughter - Daughter desired to go with her alleged..........
Indian Penal Code, 1860, Section 302 -- Trial Court convicted all the accused - In appeal High Court acuqitted them - Appeal agaisnt acquittal in Supreme Court - Held, that HIgh Court had not discussed eye witnesses verison - Even medicla evidence was not discussed - Two PW's had fully supported the proseucotn verison - High Court erroneously observed that there was no..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties while appearing at Supreme Court Lok Adalat agreed for divorce by mutual consent and not to proceed with pending criminal and civil disputes - Husband agreed to pay wife a sum of Rs.Ten lacs - Terms of settlement complied with - Divorce by mutual consent granted...........
Criminal Procedure Code, 1973, Section 406, Indian Penal Code, 1860, Section 406, 498A,34, Hindu Marriage Act, 1955, Section 13 -- Transfer petition - Settlement - Parties settled their disputes amicably before Supreme Court Lok Adalat - Held, transfer petition disposed of in terms of settlement...........
Civil Procedure Code, 1908, Section 24 -- Matrimonial dispute - Transfer petition - Wife moved a transfer petition for transfer of matrimonial dispute from Maharashtra to Tamil Nadu - Supreme Court directed the District Mediation Cell Vellore to explore the possibility of settling the dispute - Parties entered into compromise and started living together - Proceedings..........
Punjab Civil Services ( Punishment and Appeal) Rules, 1970 -- Fresh/de novo enquiry - Rule 4(4) of the Rules relates to further enquiry and not the fresh/de novo enquiry - Once the order of dismissal and the appellate order have been set aside by the civil Court and the order of the civil Court has been upheld upto the Hon'ble Supreme Court, the respondents cannot be..........
Indian Penal Code, 1860, Section 279, 304A, Criminal Procedure Code, 1973, Section 320 -- Non compoundable offence - Compromise - Conviction u/ss 279 & 304-A IPC - Compromise during pendency of appeal in Supreme Court - Parties allowed to compromise - Conviction maintained - Fine enhanced from Rs.2, 000/- to Rs.20, 000/- to be paid to parents of deceased - Sentence reduced..........
