Indian Penal Code, 1860, Section 304 Part I -- Reduction in sentence - Conviction - Accused sentenced to life imprisonment - Sentence reduced to 10 years as accused was 22/23 years of age at the time of commission of offence and accused has already undergone over 6-7 years of incarceration and accused has clean antecedents and is not involved in any other criminal activity..........
Juvenile Justice Act, 1986, Indian Penal Code, 1860, Section 302 -- Juvenile - Murder - For detention of a juvenile for more than three years or beyond age of 18 prior approval of State Government is mandatory before sending a delinquent to a place of safe custody - Sentence set aside as delinquent sent to safe detention for life in total violation of mandatory provision -..........
Succession Act, 1925, Section 276 -- Probate - Grant of - Will - Suspicious circumstances - Property bequeathed by a Will to a religious institution `Geeta Press' which is engaged in publishing religious books only - There is definite evidence on record to show that there was some strain between the relations of testatrix and her adoptive son - There are adequate reasons..........
Motor Vehicles Act, 1988, Section 19(1)(e), 4(2) -- Driving licence - Cancellation of - Petitioner obtained licence by misrepresenting his age - No fault can be found with the order of cancellation of licence passed by Licensing Authority and appellate order, except that the period of disqualification has not been specified - Such a disqualification cannot entail..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304A, 279 -- Death by rash and negligent driving - Accused convicted and sentenced to 9 months RI and to pay to pay fine of Rs.500/- - Occurrence 17 years old - Accused now 62 years of age - Accused released on bail...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 49 -- Juvenile - Age - School leaving certificate - School Leaving Certificate is the best evidence of date of birth and the medical opinion regarding age which is based on estimate will not prevail over evidence of age as per entry in school certificate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Quantum - Deceased 60 years of age at the time of accident - Deceased a retired lecturer and getting Rs.933/- as pension - Annual dependency assessed at Rs.13, 800/- and multiplier of 8 applied - A sum of Rs.40, 000/- awarded as deceased was doing publication work and had to publish four books in future -..........
Motor Vehicles Act, 1988, Section 166 -- Deceased 25 years of age at the time of accident and he left behind his widow, son and old parents - Applying multiplier of 15 not proper - Average gross salary of deceased taken to be Rs.4, 500/- and after deducting therefrom 1/3 for personal expenses, net average monthly income is taken at Rs.3, 000/- - Multiplier raised from 15..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B -- Offence u/s 304-B IPC - Accused lady 65 years of age - Accused in custody for about eight months - Trial to take time - Bail granted...........
Indian Penal Code, 1860, Section 363, 376 -- Rape - The accused and prosecutrix were haying love affair - Consensual intercourse by the accused with the prosecutrix - The age of the prosecutrix below 16 years - The appellant held guilty of offence under Section 363 IPC as well guilty of committing offence of rape in view of `Sixth' description appended to Section 375 IPC...........
