Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Juvenile - Claim of juvenility may be raised before any Court at any stage even after final disposal of case - Thus, it would not matter if accused though juvenile on date of commission of offence had become an adult before or after date of commencement of the Act, he would be entitled to benefit..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Juvenile - Accused was less than 18 years of age on date of commission of offence - He is entitled to be treated as a juvenile and be given benefit as per 2000 Act, notwithstanding the fact accused was not entitled to benefit of being a juvenile on date of offence under 1986 Act and turned an adult..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 15 -- Juvenile - Murder case - Quantum of sentence - Accused was declared juvenile on the date of commission of offence - He has undergone incarceration for more than 2 years - Sentence of life imprisonment as awarded to accused set aside - Matter remitted to JJ Board, for passing appropriate..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Petitioner running business over premises of respondent on commission basis - Possession of premises was not handed over to respondent by appellant as agreed between parties - Appellants held, rightly liable to pay damages - Damages as calculated by Arbitrator on basis of statement of accounts of..........
Criminal Procedure Code, 1973, Section 177, 178, 179, 180, 181, 182, 183, 184 -- Transfer of three cases - Lack of territorial jurisdiction - Facts to be established by evidence may relate either to place of commission of offence or to other things dealt with by Ss.177 to 184 Cr.P.C - In such circumstances, Court cannot order transfer on the ground of lack of territorial..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape of married woman - Accused was a tenant of prosecutrix's family and was living on first floor in same residence - He was well aware of prosecutrix and her family - Offences are stated to have been committed continuously over a period of one year and three months - Question..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 120B -- Discharge - Cheating - Criminal conspiracy - Order of Central Vigilance Commission (CVC) shows that chances of conviction in a criminal trial involving same facts appear to be bleak - Accused discharged...........
Criminal Procedure Code, 1973, Section 53A -- Medical examination of accused - Rape case - Question of examination of an accused of rape by a medical practitioner as per S.53-A Cr.P.C is necessary only if there are reasonable grounds for believing that an examination of his person will afford evidence as to commission of an offence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Re-issue of warrant to Commissioner - Measurement of property on basis of sale deeds of parties - Suit for declaration and recovery of possession - It is for plaintiff to prove his title in order to succeed in suit - If defendant had purchased a portion of property prior to plaintiff's purchase, he would be automatically..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Local Commissioner - Non filing of objections to report of Commissioner - It is incumbent upon Court to ensure that Commission Report mentions details necessary to elucidate issue in dispute, for which Commission was appointed, irrespective of whether parties have filed any objection or not to Commission Report...........
