Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Triple murder case - Honour killing - Unlawful assembly - Informant initially mentioned the names of only 35 persons and 10 days thereafter he implicated 19 other persons - Accused contended that 19 persons who were made..........
Indian Penal Code, 1860, Section 302, 449, 34 -- Murder of 8 persons - Death sentence - Mitigating circumstance - Possibility of reformation and rehabilitation of convict - Sentence of death is imposed by taking into account the brutality of crime - There is no reference to possibility of reformation of accused, nor has State procured any evidence to prove that there is no..........
Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Triple murder case - Honour killing - Unlawful assembly - Informant initially mentioned the names of only 35 persons and 10 days thereafter he implicated 19 other persons - Accused contended that 19 persons who were made..........
Service -- Compassionate appointment - Second application filed after 18 years of death of deceased employee - Once it is proved that in spite of death of breadwinner, family survived and substantial period is over, there is no need to make appointment on compassionate ground at the cost of interest of several others ignoring the mandate of Art.14 of Constitution...........
Motor Vehicles Act, 1988, Section 166, 2(11) -- Accident - Compensation - Legal representative - Mother-in-law of deceased was residing with deceased and his family members - She was dependent on deceased for shelter and maintenance - Mother-in-law may not be a legal heir of deceased, but she certainly suffered on account of his death - She is thus, a `legal..........
Family settlement -- Unregistered and unstamped document - Family settlement refers to arrangement allegedly which parties made in the past - Document does not purport to by itself create, declare, assign, extinguish or limit right in properties - Family settlement thus, not required registration and not required to be stamped...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer complaint - Medical negligence - Karta of Joint Hindu Family is not entitled to file complaint on account of deficiency in service by medical practitioner regarding treatment given to his Pregnant sister-in-law - Complaint dismissed...........
Criminal Procedure Code, 1973, Section 406 -- Criminal case - Transferred from Court of Judicial Magistrate to Family Court, as per prayer made in the application for transfer of case - Family Court cannot deal with a criminal complaint for an offence under Indian Penal Code - A wrong order of Court cannot be allowed to stand on the ground that one of the parties invited..........
Compromise decree -- Registration - Compromise decree beyond subject matter of suit in between family members - Does not require registration - The principle is based on the fact that family settlement only declares the rights which are already possessed by the parties. (Registration Act, 1908, S.17)...........
Hindu law -- Joint family - Hindu Joint Family even if partitioned can revert back and reunite to continue status of joint family...........
