Indian Penal Code, 1860, Section 451, 341, 147, 323, 506, 149 -- Offence u/ss 451, 341, 147, 323, 506, 149 IPC - Occurrence took place during fair and many people had gathered there - However, prosecution only examined interested witnesses and no independent witness was associated - PWs turned hostile - Statements of police officials and doctor are also of no avail, as..........
Constitution of India, 1950, Article 32 -- Administration of justice - In pursuance of interim direction issued by National Green Tribunal, the slaughter house of appellant has been sealed - Held, that appellant shall be heard by State Board after notice to complainant and order passed by State Board shall be operative subject to decision in matter pending before National..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(x), Indian Penal Code, 1860, Section 323, 341 -- Conviction - No explanation for delay in lodging FIR - PW7 was declared hostile - Accused was annoyed with complainant due to land dispute and pending mutation proceedings - Injury caused not on account of complainant belonging to lower..........
Criminal trial -- Question of locus standi has no relevance for initiating criminal proceedings - However, it has relevance in the claim of an outsider to come on record in pending criminal proceedings...........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder - Reduction of sentence - Appeal pending since 15 years - Appellants have no other criminal antecedents - Fact that appellant `P' a lady aged more than 80 years has undergone approximately 11 months in custody - Appellant `G' aged more than 50 years has undergone approximately 2 years 4 months in custody - Further,..........
Arbitration and Conciliation Act, 1996, Section 8 -- Tripartite agreement - Agreement clause in agreement - Two of the parties already before Arbitral Tribunal - Counsel for the parties also agreeable to the making of reference leaving it open to the arbitral tribunal to entertain claims and counter claims based on the contractual obligations flowing from the agreements..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Agricultural property - Suit for cancellation of sale deed - Dispute as to ownership of agricultural property still pending in revenue Court - Since civil Court has no right to decide the main relief of declaration and recognition of bhumidhari rights of disputed agricultural property, therefore..........
Protection of Children from Sexual Offences Act, 2012, Section 21(2), 4, 6 -- Non-reporting of commission of offence u/ss 6, 8 of the Act - It is necessary for prosecution to establish first commission of main offence u/ss 4, 6 of the Act before making person liable u/s 21(2) of the Act - Once finding is recorded by criminal Court convicting accused for offences u/ss 4, 6..........
Hindu Marriage Act, 1955, Section 13 -- Matrimonial dispute - Settlement arrived at between parties before supreme Court - Parties duly divorced - Custody of daughter will be with mother - Rs.30 lakhs will be paid as alimony and maintenance to respondent-mother and daughter - Default in payment will amount to contempt of court apart from other consequences of interest etc...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Transferee pendente lite despite order of injunction - Transfer of suit property pendente lite is not void ab initio and purchaser takes the bargain subject to the rights of plaintiff in the pending suit - Transferee pendente lite can be added as a party to the suit lest transferee suffered prejudice on..........
