Indian Penal Code, 1860, Section 302 -- Triple murder - Case resting on circumstantial evidence - Accused had not gone to the house of deceased armed - It appears that accused took decision on the spur of moment - It was not a pre-planned and pre-mitigated triple murder - Accused blessed with six children, three males and three females - There is every possibility of..........
Industrial Disputes Act, 1947, Section 10(1) -- Reference - Industrial dispute - Preliminary issue - Plea that no dispute exists because the workman had received the amount under the Voluntary Retirement Scheme - Held that this would in fact be a dispute which requires adjudication by the Industrial Tribunal as whether or not there is any industrial dispute which requires..........
Indian Penal Code, 1860, Section 302, 304 -- Part II - Accused stabbed deceased twice in the thigh and only once in the chest and fled away from the scene of occurrence - Attack neither premeditated nor pre planned - Accused did not cause all the injuries on the vital part of the body - Held, if accused intended to kill the deceased, it is unlikely that he would flee from..........
Criminal Procedure Code, 1973, Section 156(3), 200, 202 -- Right of hearing of a prospective accused at the pre-cognizance stage - Accused is only permitted to remain present during the proceedings but not to intervene or to raise his defence, until the order issuing summons is passed - It is only during the course of trial that accused has been conferred rights at..........
Bombay Public Trust Act, 1950, Section 50(2), 51 -- Suit for recovery of possession against trust - Prior permission of charity Commissioner - Owner executed gift deed in favor of public trust dedicating property to idol - Trust taking possession of the gifted property - Subsequently owner executed sale deed after ten years in favor of predecessor of respondent -..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Insurance Act, 1938, Section 45 - Insurance claim - Repudiation - Suppression of material fact - With regard to the pre-insurance medical history - Death of insured due to heart attack within 114 days from taking of insurance policy - Plea of the appellant that insured suppressed fact about his being on medical..........
Criminal Procedure Code, 1973, Section 439 - - Anticipatory bail - Petitioner is alleged to have sold 7 drums of Kerosene oil in violation of terms of licence - Recoveries already been made - Petitioner has already joined investigation - Held, petitioner can be granted concession of pre-arrest bail subject to certain conditions - Order accordingly...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 32A, Criminal Procedure Code, 1973, Section 482 -- Accused convicted u/s 18 of NDPS Act and sentenced to 10 years R.I. - Pre-mature release on ground of remissions granted by Government - Accused not entitled to remissions in view of bar contained in S.32-A of the Act - However, accused directed to be..........
Indian Penal Code, 1860, Section 457, 376, 84 -- House breaking by night followed by rape on victim - Accused had gone to the house of victim on the pretext of inquiring about his brother who is son-in-law of victim - Earlier also accused went to the house of victim in search of his brother, who was alleged to be on strained relationship with daughter of victim, was with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 32A -- Punjab Jail Manual, Paras 633-A, 639, 644, Constitution of India, 1950, Article 161 - Accused convicted u/s 15 NDPS Act and sentenced to 10 years RI - Accused seeking pre mature release on the basis of remission given by Government - Remissions were granted u/s 432 Cr.P.C. and not under Article 161 -..........
