Indian Penal Code, 1860, Section 302 -- Murder - Non-explanation of nature of injuries found on person of accused - All the injuries were superficial in nature - Their existence does not lead to any inference which can bring prosecution case under a cloud of doubt - More so, neither when questioned u/s 313 Cr.P.C, nor at any other stage of case, did accused claim to have..........
Succession Act, 1925, Section 372 -- Succession certificate - Claimed by Class-II legal heirs of deceased - Revenue authority rejected the claim of petitioners solely on basis that as per Circular no.9 of 2019, petitioner have to approach competent civil Court for redressing their grievance - However, revenue Inspector could conduct an enquiry with relatives and neighbours..........
Criminal Procedure Code, 1973, Section 357A(4) -- Victim's compensation - Victims u/s 357-A(4) Cr.P.C are entitled to claim compensation for incidents that occurred even prior to coming into force of said provision...........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Delay of 1319 days in filing revision petition - Condonation of delay - There is hardly any convincing reason or any reason for that matter cited in seeking condonation of inordinate delay of 1319 days except for a bald averment that petitioner tried to arrange for money..........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Custody of vehicle should be given to the person who is recorded as its registered owner and in case another person disputes such ownership he should get his rights determined from civil Court - In case of any claim arising on account of misuse of vehicle released on Supardari it would be the registered..........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Arbitration - When disputes arise between landlord and tenant with regard to determination of lease under the Act, landlord to secure possession of leased property in a normal circumstance is required to institute a suit in Court which has jurisdiction - However, if parties in contract of lease or in..........
Constitution of India, 1950, Article 342, 341, 338A, 366(25), Constitution (Scheduled Tribes) Order, 1950 -- Entry 18, Item No.28 - Caste - High Court cannot entertain claim that caste "Gowari" be declared a Scheduled Tribe as "Gond Gowari" included at Entry No.18 of the Constitution (Scheduled Tribes) Order and cannot look into evidences to find out and decide that tribe..........
Hindu Succession Act, 1956, Section 6 -- (as amended) - Right of daughter - Co-parcenary property - Daughter at the time of death of his father was major - She thus, deemed to be coparcenar in joint family property since the time of her birth - However, act of father in order to deny right of daughter firstly through a claim of family partition and securing a decree on..........
Consumer Protection Act, 1986, Section 12 -- Sale of apartments - Delay in delivery of possession - Claim for compensation - Plea of developers that there was delay in approval of building plans - Plea held, not tenable as developers are conscious of these delays and cannot set this up as a defence to a claim for compensation where a delay has been occasioned beyond..........
Consumer Protection Act, 1986, Section 12 -- Sale of apartments - Delay in delivery of possession - Claim for compensation - Developer offered exit option with interest at 9% - Would not disentitle flat purchaser from claiming compensation...........
