Civil Procedure Code, 1908, Order 22, Rule 5 -- Impleadment of L.R's - Law as to - (a) Question as to who is legal representative of deceased has to be determined first before proceeding further in the matter; (b) such enquiry is summary in nature; (c) to determine as to who is the legal representative, Court may take such evidence as may be necessary; (d) in case of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 65, 85, Drugs and Cosmetics Act, 1940, Section 18A, Criminal Procedure Code, 1973, Section 439 -- Recovery of prohibited drugs without valid licence - Bail - Accused not fit to be kept in jail for indefinite period - Accused suffering from heart disease and his blood sugar is uncontrolled and is required to..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Murder of wife by husband - Gunshot injury - Accused is a dead drinker and used to quarrel with deceased and beat her after taking liquor - He killed deceased when she was preparing food in kitchen - Disclosure statement made by accused leading to recovery of weapon in presence of witnesses duly proved on..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Person of unsound mind - Appointment of guardian - Enquiry U.O.32.R.15 CPC not conducted by Family Court before taking a decision that respondent was not suffering from any mental illness or mental infirmity - It is not known on what basis Court below has reached such a conclusion - There is nothing to indicate that Family..........
Criminal Procedure Code, 1973, Section 190, 202 -- Cognizance of offence - Police submitted final report in negative form - Magistrate at the stage of taking cognizance of offence, having taken police report into consideration and preliminary evidence led by complainant, has to apply his mind and is not bound to state reasons as to why he is differing with police report -..........
Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 6 -- Rape of minor girls in Anganwadi center - Hearsay evidence of parents of victims - PW5 mother of victim no.1 stated that 15 day ago while her daughter was playing with victim no.4 in courtyard of anganwadi centre, accused on the..........
Nagpur Improvement Trust Act, 1936, Section 39, Nagpur Improvement Trust Land Disposal Rules, 1983, Rule 5(2) -- Disposal of surplus land - Trust acquired 44.61 acres land of plaintiff - Land proposed to be re-allotted to plaintiff on terms and conditions mentioned therein i.e 1.5 times of amount of compensation - Plaintiff requested for reduction of proportionate value of..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - True income of husband not disclosed by him - Husband contended that he would be earning Rs.10,000 only - However, it is not believable that husband who is maintaining a new car and has raised a loan for taking help of his parents to make payment of installments and carrying on a business, would be earning..........
Service -- Ex-employees - Special Voluntary Retirement Scheme, 2004 - Claim of benefit of 1995 Scheme - Appellants taking advantage of Special Voluntary Retirement Scheme, 2004 (SVRS-2004 Scheme) - However, they also claiming benefit of earlier Scheme of 1995 - SVRS-2004 Scheme is statutory in character and has to be strictly adhered to - It would not be appropriate to add..........
Indian Penal Code, 1860, Section 376(AB), 376(2)(1), 323, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(E), 6, Criminal Procedure Code, 1973, Section 366 -- Death sentence - Reduction of sentence - Rape of 5 to 6 years child - Inserting of finger into private part of prosecutrix amounts to rape but the manner in which offence is committed is not..........
