Civil Procedure Code, 1908, Section 47 -- Execution - Decree passed by first appellate Court in an appeal, where both appellants had expired prior to appeal being heard - Decree passed in favour of dead persons is nullity - Thus decree passed by trial Court is liable to be executed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Both the parties had placed reliance on demarcation reports obtained by them - Demarcation report as produced by plaintiff not found convincing - As regarding demarcation report submitted by defendant clearly spells out mode and manner in which measurements were carried out by..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A(1), 3 -- Appeal - Offence u/s 3 of the Act - Compounding of offence - Matter under SC/ST Act may be compounded in a criminal appeal u/s 14-A(1) of the Act and there is no need to take recourse u/s 482 Cr.P.C. for the same...........
Judicial review -- Tender - In tender matters, Court exercising judicial review does not sit in appeal over decision of a tendering authority regarding disqualification of bid - Only in cases where such decision is dehors terms of notice inviting tender (NIT) or is patently arbitrary then Court exercises powers of judicial review and set aside such a decision...........
Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 360, 361, Indian Penal Code, 1860, Section 440 -- Benefit of probation - Offence u/s 440 IPC - Appellants were convicted for maximum period of six months u/s 440 IPC - Therefore, benefit of probation could have been given - But, while awarding sentence said aspect was not considered -..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Accidental fire - Actual loss has been proved by insured by producing base documents which are relevant and admissible in terms of S.34 of Evidence Act - Final Surveyor has not only misdirected itself in law but has adopted a perverse approach inasmuch as no reason has been given for discarding Cost Sheet for..........
Indian Penal Code, 1860, Section 366, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and sexual assault - Quashing of proceedings - Marriage between victim and appellant got solemnized during pendency of appeal before High Court - Victim herself expressed her desire to live a peaceful and stable family life with appellant, upon whom she is..........
Indian Penal Code, 1860, Section 302, 149, 307 -- Offence u/ss 302, 149, 307 IPC - Conviction - Accused stood armed with sharp edged deadly weapons committed the murder of `B' and `D', while in order to achieve their common intention, they had also inflicted such injuries on the physical person of `BA' knowing fully well that had `BA' died on account of the said injuries..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff had themselves raised construction over part of suit property and were also cultivating portions of suit property - Therefore, they could not restrain defendant from raising construction or putting a wire around the suit property in her possession - Suit property has been..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Parties have amicably settled the dispute in National Lok Adalat, terms whereof have also been reduced into writing and signed by both the parties - Appeal against dismissal of divorce petition thus, decided in terms of compromise arrived at between parties - Compromise which was recorded in National Lok Adalat shall form..........
