Indian Penal Code, 1860, Section 448, 354, 506 -- Offence u/ss 448, 354, 506 IPC - Evidence of all PWs is cogent, reliable and trustworthy - However, trial Court committed an error in not considering the evidence of PWs in correct prospective though evidence of PWs were corroborating with each other - Accused acquitted on some minor inconsistencies which were not fatal to..........
Indian Penal Code, 1860, Section 364A -- Kidnapping for ransom - Material on record indicates complete failure on the part of PWs to identify the assailants - PW3 important witness of prosecution not supported the case of prosecution - Car that was used by accused not produced before trial Court at any stage - Nothing on record to establish that PW2 was in captivity of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration that plaintiff is joint owner and in joint possession - Non party to a document is not required to seek annulment thereof - Suit for declaration that transfer deed is not binding is sufficient - No ad valorem Court fee is payable - Application rightly rejected...........
Service -- Premature/compulsory retirement - Order of compulsory retirement is in public interest and is passed on the subjective satisfaction of Government and is not liable to be quashed by Court merely for the reason that un-communicated adverse remarks were taken into consideration...........
Criminal Procedure Code, 1973, Section 311 -- Recall of victim for re-examination - Victim cross-examined at length - Plea that it was because of her ill health that she could not narrate the entire facts - However, nothing on record that victim was not well on that day - Observation of trial Court that application has been deliberately filed due to some kind of compromise..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 -- Eviction - Execution proceedings - In view of conduct and attitude of revision petitioners, Court has not only found that petitions are devoid of merits, but also is satisfied that revision petitioners have vexatiously filed successive applications one after another to stall execution proceedings - Moreover, fact..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Where wife decided to stay for some more time in her own parental house after delivery of child, it is not understandable as to how such a case could have been brought before Court and more importantly without even waiting for a reasonable period of time - Ground of cruelty not made..........
Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25 -- Murder - Identification of accused - PWs not aware of identity of assailants - Their source of information is rumors on basis of which an assertion about identity of accused is made in FIR - No test identification parade is conducted - Box identification by witnesses for first time in Court in the..........
Criminal Procedure Code, 1973, Section 145 -- Order of attachment - Revisional Court only directed trial Court to pass a fresh order after providing opportunity of hearing to all parties concerned on the application filed by SHO for continuing attachment of disputed land and releasing the rest of land from attachment - No illegality found in order passed by revisional..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased was 19 years of age and studying in Class XII - Tribunal awarded compensation of Rs.6.01 lakhs which is already paid - High Court not justified in awarding compensation of Rs.1.87 lakhs - The amount of Rs.6.01 lakhs would have been reduced in view of cited judgments but award of Tribunal not..........
