Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Dying declaration of deceased is reliable, however, it would not suggest that there was any proximate nexus to the act of committing suicide on account of preceding demand for dowry on any particular date having triggered the deceased to commit suicide or forced her to self..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Age of victim - Determination - Issue involved is whether victim is minor - Statement u/ss 161, 164 Cr.P.C is of no consequence because no person can depose on that basis of personal knowledge about his or her own age or date of birth...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Age of victim - Determination - Issue involved is whether victim is minor - Statement u/ss 161, 164 Cr.P.C is of no consequence because no person can depose on that basis of personal knowledge about his or her own age or date of birth...........
Service -- Selection process - Cancellation of candidature - On the ground that appellant was colour blind - Corporation nowhere in express terms indicated that colour vision deficiency in any form or degree is a bar to employment for Assistant engineer (AE) - Appellant is fit in all senses of terms to discharge the duties attached to the post he applied and was selected..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of sale deed - Limitation of three years starts from the date of knowledge of plaintiff about sale deed - Plaintiffs have come to know of sale deed in 2006 - Suit filed as late as in the year 2010 was hit by Art.59 of the Act and is barred by law of limitation - Suit rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Date of receipt of notice is very important but it is not necessary that any particular date as regard receipt of demand notice should mandatorily be mentioned in the complaint itself - Day of receipt of demand notice can very well be inferred from documents/evidence on record...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Date of receipt of notice is very much important but it is not necessary that any particular date as regard receipt of demand notice should mandatorily be mentioned in the complaint itself - In case dates are not revealed in the complaint, same can be inferred from paper on record...........
Service -- Dismissal from service - Employee attained the age of superannuation and charge sheet filed thereafter - On the date of superannuation, no disciplinary proceedings was pending against him - Order of removal or dismissal from service can be passed only when an employee is in service - If a person is not in employment, question of terminating his service..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Plea of adverse possession and title - Defendant admitted the ownership of father of plaintiff - Plaintiff became one of co-owners along with his brothers after demise of his father - Deed of partition pleaded by defendant not proved - Two alternative pleas of adverse possession and title was sought..........
Criminal Procedure Code, 1973, Section 256 -- Non-appearance of complainant - Acquittal of accused - Neither complaint was posted for trial on the date when impugned order of acquittal was passed, nor an order directing complainant to be present - Magistrate ought to have adjourned the complaint to a later date and directed complainant to be positively present for trial -..........
