Insolvency and Bankruptcy Code, 2016, Section 7, 8, 9 -- Insolvency Resolution Process - IBC is not just another statute for recovery of debts - Nor is it a statute which merely prescribes the modalities of liquidation of a Corporate body unable to pay its debts - It is essentially a statute which works towards the revival of a Corporate body unable to pay its debts by..........
Insolvency and Bankruptcy Code, 2016, Section 5(8) -- Financial debt - S.5(8) of the Act, does not expressly exclude an interest free loan - Financial debt therefore, would have to be construed to include interest free loans advanced to finance business operations of a corporate body...........
Service -- Appointment - Age relaxation - Benefit of age relaxation is permissible for government servants and departmental candidates and not to the employees of autonomous body - Respondent employed in an autonomous body i.e Municipal Corporation established under specific statue, thus, not entitled to age relaxation either as a departmental candidate or as government..........
Service -- Appointment - Age relaxation - Benefit of age relaxation is permissible for government servants and departmental candidates and not to the employees of autonomous body - Plea of respondent that she is in feeder cadre and should be treated as a departmental candidate is not sustainable, as Recruitment Rules mentioned by respondent provides a promotion channel to..........
Illegal detention -- Second wife and son in custody of an extremist body for conversion to Islam - Writ of Habeas Corpus - Petitioner/husband alleged that his second wife and son are forcefully taken away by respondents for purpose of converting mother and son to Islam - However, second wife stated that she converted to Islam on her own will and there was no coercion from..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Gunshot injury - Ballistic report - Merely because ballistic report shows that bullet recovered does not match with gun recovered, it is not possible to reject credible and reliable deposition of eye witnesses who witnessed the shooting, particularly when it is corroborated by bullet found in the body of deceased...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Evidence of PW1, PW2 and PW3 reflects that there was consistent torture inflicted by accused with lathi, broom sticks etc - Marks of violence on different parts of body of deceased were shown to her brothers - Evidence on record also shows that Rs.20,000 was given by way of cash at the time of marriage and further pressure..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366A, 376, 370, 342, 34, Prevention of Women from Domestic Violence Act, 2005, Section 6 -- Bail - Kidnapping and rape - Material contradictions were found in statement of prosecutrix recorded u/s 161 Cr.P.C on various dates and also her statement before doctor recorded in MLC - Prosecutrix was..........
Indian Penal Code, 1860, Section 302, 452 -- Murder - Accused `B' executed axe blow on deceased's head knowing fully well that axe blow on old woman's vital body part would in all probability cause her death - Fact that deceased died due to head injury was consistent and undisputed throughout FIR and deposition by PWs - Same is also supported by post mortem report and..........
Evidence Act, 1872, Section 32 -- Dying declaration not reliable for the reasons : (i) Narration of events in the dying declaration is so accurate, that even a witness in the normal state of mind, cannot be expected to depose with such precision; (ii) Injured victim was an illiterate old person and it appears beyond human probabilities that she would have been able to..........
