Indian Penal Code, 1860, Section 376, 324, 452 -- Rape - Sentence - High Court reduced sentence from 5 years to period already undergone i.e. 5 months 25 days without indicting any reason - Undue sympathy to impose inadequate sentence would do more harm to the justice system to undermine the public confidence in the efficacy of law - Sentence awarded by trial Court..........
Chit Fund Company -- Directors liability - Appellant/OP was a Director of the company during the time of cause of action i.e. payment of the amounts to the OP party No. 1 Company - The contention of the appellant that as on the date of filing of CD he is not a Director and he had resigned from the Company and not liable to make payment repelled...........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 177, 178, 179 -- Offence u/ss 406, 498-A IPC - Jurisdiction - Offence u/ss 406 and 498-A IPC is a continuing offence - Complaint can be filed either at the place where the demand for dowry was made and thereafter causing cruelty for non fulfillment of demand of dowry and also at a place..........
Indian Penal Code, 1860, Section 302, 376 -- Rape and murder of 5 years girl - Death sentence - When the collective conscience of the community is so shocked, that it will expect the holders of the judicial power centre to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining death penalty, the same can be awarded -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent through e-mail - A notice demanding payment of amount under a dishonoured cheque can be sent electronically as well - No format is prescribed in respect of demand notice...........
Civil Procedure Code, 1908, Section 94(c), Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 12, 2(b) -- Order prohibiting creating any interest in favour of third party either by sale, mortgage, transfer, assignment, gift or 'in any other manner whatsoever' - Held, entering into an agreement or acceptance of full or even part consideration is hit by said order and..........
Criminal Procedure Code, 1973, Section 427 -- Two sentences - Running of - Power of court - Held, S.427, Cr.P.C. is very specific which provides for running of two sentences consecutive that is, one after another which is clear from language of sub-s.(1) of Section 427, Cr.P.C. that when a person already undergoing a sentence of imprisonment is sentenced on a subsequent..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Order of - Advisory Board - Request of detenu for being allowed to be represented by a legal practitioner - Rejected on ground that such prayer cannot be considered - Held, Board rejected the representation without applying mind - Order of preventive..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 8(e) -- Legal assistance - Detenu has no right to legal assistance in proceedings before the Advisory Board but he is entitled to make such a request to the Board and the Board is bound to consider such request when made...........
Industrial Disputes Act, 1947, Section 2(oo), 25F -- Retrenchment - In the event of retrenchment of a workman, employed in any industry, continuously for not less than one year under an employer, compliance with the provisions of Section 25F of the Act, in particular clauses (a) and (b) thereof is mandatory - Conditions which must be satisfied are : (i) the workman is..........
