Indian Penal Code, 1860, Section 304B, 109 -- Dowry death - Paramour of mother-in-law of deceased - Not in blood relation and family member of deceased - Cannot be tried for offence u/s 304-B r/w S.109 IPC - Trial Court given liberty to explore whether any incriminating material is existing for offence u/s 306 r/w S.109 IPC or other related offence or not and thereafter..........
Service -- Re-instatement - Payment of salary for period during which employee kept out of service - Where appellate authority found termination of employee illegal, it would not ipso facto inevitably follow that employee will become entitled to claim salary for entire period consequent upon his being found to be entitled to reinstatement - This is a matter for authority..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff averred her 1/7th undivided share in lands and that she was not impleaded as a party in suit for partition before Revenue Court - Assertion in application for rejection of plaint that once partition attained finality, the same may not be allowed to be reopened by way of present suit and that..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 29 -- Bail - Kidnapping and rape - Accused contended that final report does not disclose commission of alleged offence by him - However, a bare perusal of statement made by victim u/s 164 Cr.P.C in explicit terms..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 29 -- Bail - Kidnapping and rape - Ground urged by accused that medical opinion has not categorically opined about happening of alleged intercourse with victim, may not be attracted at this stage while considering bail..........
Auction sale -- Provisional acceptance of highest bid subject to confirmation by Competent Authority which was not confirmed after recording due satisfaction - Highest bidder has no vested right to have auction concluded in his favour - Cancellation order by Competent Authority was scrutinized/examined by Appellate/Revisional authority and same was upheld - High Court was..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A(1), Criminal Procedure Code, 1973, Section 5 -- Appeal - Procedure - No procedure and power of appellate Court has been provided in SC/ST Act - S.5 that relates to "saving" will apply in such matter...........
Specific Relief Act, 1963, Section 28 -- Recession of contract - S.28 of the Act, does not make it mandatory for Court to rescind contract upon delayed deposit of purchase money...........
Specific Relief Act, 1963, Section 28 -- Recession of contract - JDs not filed an application for recession of contract before Court which decreed the suit - Having not done so, they cannot be permitted to raise such objection before executing Court...........
Indian Penal Code, 1860, Section 302, 307, 120B -- Murder - Role played by four co-accused (A-28, A-19, A-4,5) showed in CCTV cameras which were stored in hard disk and reproduced as exhibits duly accompanied by requisite certificate u/s 65-B of Evidence Act - Some of images definitely showed that they were having firearms in their possession - Sequence of events..........
