Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B, 468, 471, 465, 420 -- Criminal misconduct, conspiracy, forgery and cheating - Conviction - Validity - Appellants went to house of insured and took away his two insurance policies along with premium payment receipts on pretext of upgrading said policies - Thereafter, one of..........
Prisons Act, 1894, Section 59, Rajasthan Prisoners Release on Parole Rules, 1958, Rule 9, 13 -- Permanent parole - Refusal to grant - Validity - Petitioner has already completed actual term of sentence for a period of more than 14 years - There is nothing adverse about his conduct except causing a delay of 12 hours in reporting State Custody - Delay caused for bona fide..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Validity - Appellant `A' made an extra-judicial confession to the effect that he with assistance of his cousin brother `K' accused has buried deceased in a sugarcane field after committing his murder - Dead body recovered at the instance of appellant `A' - Held, sufficient evidence on record proving culpability..........
Indian Penal Code, 1860, Section 302, 34 - - Murder - Conviction - Validity - Held, simply for the reason that appellant `K' was named by co-appellant `A' as his companion in crime and recovery of `Patal' as well as a bicycle has been shown at his instance, he cannot be held guilty for offence u/s.302 r/w S.34 IPC - Conviction set aside - Appellant `K' acquitted...........
Haryana Urban Development Authority Act, 1977 - - Allotment of commercial site - Cancellation of - Validity - Held, it was bounden duty of petitioner to pay 15% amount of total price within stipulated period - If he wants extension of time, he was to move application for same before expiry of time - In spite of opportunity given, 15% amount was not paid by petitioner,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of - Eviction petition filed on ground of no, payment of rent and personal necessity - Respondent/tenant filed suit for permanent injunction against petitioner/landlord and in that suit he made statement that he is running collection..........
Indian Penal Code, 1860, Section 302 -- Murder - Rarest of rare case - Death sentence - Validity - Gruesome carnage resulting in death of 35 persons - Incident took place 20 years back - Caste war between haves and have nots - Accused belonged to latter category and possibly participated in crime due to poverty and caste conflict - No women or child got injured in incident..........
Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 113B -- Dowry death - Conviction - Validity - Continued demand of Rs.50,000/- and one sewing machine - Victim also sent letter indicating renewal of such demand - Prosecution has established demand of dowry, torture and unnatural death of deceased within one year..........
Criminal Procedure Code, 1973, Section 156(3) -- Directions for investigation - Validity - Ingredients of offences u/ss 406 or 420 IPC do not seem to exist in complaint petition - CJM directed police for investigation of case without assigning any reason in impugned order - Held, even for ordering an investigation u/s.156 (3) Cr.P.C. there has to be application of mind by..........
Criminal Procedure Code, 1973, Section 24(8) -- Special public prosecutor - Appointment - Validity - Held, appointing complainant's Counsel, as Special Public Prosecutor, would undoubtedly cause reasonable apprehension in mind of accused that he may prosecute case, on behalf of State, in biased manner - Such appointment would not be in furtherance of larger public interest..........
