Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, 406 -- Bail - Dowry death - Cruelty - Death by burning - General and vague allegations against father-i, law and mother-i, law of deceased - Neighbours stated that they had neither seen nor heard anything unusual or any serious quarrel or fight between the family members - Moreso, no..........
Constitution of India, 1950, Article 16(4A) -- This enabling provision enables States to frame rules for reservation for the weaker section - While framing the Rules, the principles and circumstances laid down by Supreme Court must be fulfilled - Parameters of Article 335 are also to be kept in mind...........
Tamil Nadu Engineering Service Special Rules, Rule 12, Constitution of India, 1950, Article 16(4A) -- Rule 12 not providing for consequential seniority for reserved category promotees at any point of time - Article 16(4) only an enabling provision, does not apply automatically...........
Service -- Reservation in promotion - No rule framed for consequential seniority - `Catch up' rule will apply - Article 16(4A), Constitution of India does not automatically give consequential seniority to the roster-point promotees in addition to accelerated promotion...........
Criminal Procedure Code, 1973, Section 250 -- Malicious prosecution - Compensation - Acquittal in an offence under NDPS Act - Acquittal on the foundation that there was delay in obtaining report from FSL and further the test showed that seized items did not contain any contraband article - Nothing on record to show lapse on the part of seizing officer - No evidence of..........
Specific Relief Act, 1963, Section 28(3), Limitation Act, 1963, Article 137 -- Application u/s 28(3) of Act - Period of limitation - No period of limitation is prescribed for filing an application u/s 28(3) of the Act - When no period of limitation is prescribed for filing such an application then limitation is governed by Article 137 of Limitation Act, which prescribes a..........
Power of Attorney Act, 1882 -- Effectively giving ownership rights of the suit property by allowing attorney to sell the immovable property by virtue of Article 48(f) of Indian Stamp Act as applicable to Delhi will have to have the same duty as a conveyance deed as per Article 23 of the Indian Stamp Act for the amount of consideration...........
Court Fees Act, 1870, Article 17(iii) -- Court fees - Suit for declaration that transfer deed is null and void - Plea that no consideration had passed at the time of execution of transfer deed and that transfer deed was a result of fraud and mis representation - Relief of possession not sought - Petitioner is required to affix fixed court fee under article 17(iii) of the..........
Limitation Act, 1963, Article 70 -- `Deposit' - Article 70 of Limitation Act is applicable where the property is deposited or pawned with another under an express trust or under circumstances from which a trust may be implied - There can be no deposit in the strict sense of the term where the movable property deposited is not itself to be returned but some work is agreed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 313.250 kg ganja - Search and seizure not conducted complying with the provisions of law - Delay in lodging FIR - Seizure of ganja was not proved as ten packets of ganja recovered from the possession of accused but it is impossible for accused to carry 10 packets of 15 kg. each in his..........
