Indian Penal Code, 1860, Section 302 -- Accused taking bullock cart through fields of deceased - Accused took out an axe from cart and hit deceased on occipital region which resulted in depressed fracture of skull bone - Testimony of two injured eye witnesses corroborated by other witnesses accepted - Conviction by High Court in an appeal against acquittal - Intention to..........
Adverse possession -- Appellant/plaintiff denied the title of the respondent/defendant to the suit land in an earlier suit filed by respondent - After dismissal of the suit of defendants after 17 years suit filed by appellant asserting hostile possession by way of written statement in 1978 - Held that one of the essential ingredients of successful plea of adverse..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, 8, Criminal Procedure Code, 1973, Section 389, 439 -- Conviction u/ss 8/18 & 8/15 of NDPS Act - Appeal against conviction - Accused in jail and already undergone more than seven years of imprisonment - No likelihood of appeal being heard in the near future - On deposit of amount of fine sentence of..........
Industrial Disputes Act, 1947, Section 25F, Civil Procedure Code, 1908, Section 11 -- Respondents employed on daily wages in a scheme - Employment commenced in 1993 and service terminated in 1996 - Writ petitions filed for regularisation - Relief was denied holding that life of scheme had come to an end - Appeal dismissed by Division Bench - Reference before Labour Court -..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(k), 20, 64 -- Juvenile Justice Act - Provisions apply not only to pending proceedings but also to those where a juvenile is undergoing sentence on April 1, 2001 - Proceedings contemplated are proceedings either at the stage of trial or appeal...........
Criminal Procedure Code, 1973, Section 409, 407, 408 -- Transfer of case - Power of Sessions Judge - Where trial of a case of hearing of an appeal has commenced and Addl.Sessions Judge has resigned, died or transferred outside the Sessions Division, Sessions Judge may recall the case for trying it himself or by any other Addl.Sessions Judge...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Appellate Court to record reasons in writing for ordering suspension of execution of sentence or order appealed - Order of suspension of sentence and grant of bail not to be passed as a matter of routine...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Murder - Sentence of life imprisonment - Appeal - High Court suspended execution of sentence on ground that accused during trial were on bail and they did not misuse the liberties - Effect of bail granted during trial loses its significance when on completion of trial accused is found..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Written statement not filed inspite of repeated adjournments - Costs also imposed but not paid - Defendant not present and hence proceeded exparte - Application to set aside ex parte decree dismissed - Appeal against - Written statement not filed with appeal and defendant even not ready with..........
Probation of Offenders Act, 1958, Section 11(2) -- Complainant can prefer an appeal questioning propriety of order passed under Ss.3 or 4 of the Act...........
