Arbitration and Conciliation Act, 1996, Section 34(3), Limitation Act, 1963, Section 5 -- Special provision of S.34(3) Arbitration Act for condonation of delay overrides the general provision of S.5 Limitation Act...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A, 304B, 34, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Bail - Death of married woman in her matrimonial home - Allegation of demand of dowry made only by some family members of deceased - Post-mortem report and chemical examination report of State Forensic Laboratory, prima facie..........
Civil Procedure Code, 1908, Section 34 -- Promissory note - No stipulation as to payment of interest - Claim of interest by way of damages is not sustainable - Award of interest at 15% p.a. mainly on premise that it is by way of damages is not legally sustainable - Pendente lite and future interest awarded at 6% from date of suit till satisfaction of decree...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of inheritance - Claimed on the basis of two Wills in favour of different persons - Validity of Wills under challenge before Civil Court - Sanctioning of mutation to be kept in abeyance till decision of civil suit...........
Indian Penal Code, 1860, Section 304 Part, 34 -- Altercation - Appellant assaulted deceased with bhali which pierced abdomen of deceased who died because of that injury - Plea that blow accidentally pierced abdomen and that accused acted in exercise of right of private defence - Accused had purchased part of land from deceased and both were co-owners - Deceased and his men..........
Arbitration Act, 1940, Section 34, Arbitration and Conciliation Act, 1996, Section 8 -- Some of defendant not party to the arbitration agreement - Arbitration clause cannot be invoked against those defendants...........
Indian Penal Code, 1860, Section 34, 304 -- Part I - Altercation - Appellant assaulted deceased with bhali which pierced abdomen of deceased who died because of that injury - Plea that blow accidentally pierced abdomen and that accused acted in exercise of right of private defence - Accused had purchased part of land from deceased and both were co-owners - Deceased and his..........
Specific Relief Act, 1963, Section 31, 34 -- Cancellation of written instrument and suit for declaration - For cancellation of written instrument two conditions must exist i.e. written instrument is void or voidable against such person; and such person has reasonable apprehension that such instrument if left outstanding may cause him serious injury - So far as declaration..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Accused No.2 caught hold of hands of deceased from behind and appellant caught hold of neck of deceased - Accused No.1 stabbed deceased - PW1 mother of deceased an eye witness - Motive was refusal by deceased to offer a bottle of beer - Parties belonged to lower strata of society - Such a motive could not be held to be..........
Land Acquisition Act, 1894, Section 23(1), 28, 34, Civil Procedure Code, 1908, Order 21, Rule 1, Civil Procedure Code, 1908, Order 24, Rule 1, 2, Civil Procedure Code, 1908, Order 34 -- Land Acquisition - Compensation - Interest - Deposit of amount if falls short - Rule of appropriation applies - The amount is to be appropriated first towards interest, then towards costs..........
