Land Acquisition Act, 1894, Section 11 -- Acquisition of land - Interest not awarded on amount of solatium - Interest restricted to enhanced amount of compensation only - Appellant filed execution petition in 2001 - During pendency of execution petition, Supreme Court vide its judgment, 2001(2) Apex Court Journal 412 (S.C.) , directed that compensation awarded includes..........
Indian Penal Code, 1860, Section 304B,201 -- Dowry death - Conviction - Sustainability - No evidence to show that demand of any dowry was made rather demand was of arranging some rupees for procuring job - No witness stated that this was dowry related demand - Evidence of PW 5, daughter-in-law of informant, is at variance with her evidence in Court - No evidence on record..........
Criminal Procedure Code, 1973, Section 362 -- Review of judgment - Permissibility - Held, S.362 of the Code prohibits Court after it has signed its judgment or final order disposing of a case from altering or reviewing the said judgment or order except to correct a clerical or arithmetical error - This prohibition is complete and no criminal Court can review its own..........
Judges (Protection) Act, 1985, Section 3(1) - - Protection to Judges - Availability - Held, provisions of S.3(1) and 3(2), if construed harmoniously, it would be clear that if allegation in complaint is made on the basis of a judgment which is given by a Judge while discharging his official duties as a Judge and that is made the basis of criminal complain, then, in that..........
Constitution of India, 1950, Article 141 -- Precedent - Observations made in judgment - Held, it is not open for the party to rely on some of the observations made in the judgment which is given in the context of some other facts which are not similar to the facts of the case in issue...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant not led any documentary evidence to depict as to how and when they learnt of ex parte judgment - It is rather surprising that application for setting aside moved not long after passing of ex parte judgment - It would depict that defendants were keeping watch on proceedings of suit..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Trial - Summary trial - Successor Magistrate decided case on basis of substance of evidence recorded by his predecessor - Legality - Held, he was not in a position to appreciate evidence properly and decide case effectively - S.326(3) CrPC does not permit..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Acquittal - Validity - Successor Magistrate decided the case in summary trial on the basis of part of the substance of evidence recorded by his predecessor - Held, he was not in a position to appreciate the evidence properly and decide the case..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Points for determination - Lower appellate Court has not stated in his judgment the points for determination - Judgment is also not well discussed - Held, judgment of lower appellate Court is not in accordance with O.41.R.31 CPC...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement not filed - Merely for this reason decree cannot be passed - It is only when Court for recorded reasons is fully satisfied that there is no fact which needs to be proved at the instance of the plaintiff in view of the deemed admission by the defendant, Court can conveniently pass a judgment and decree - In..........
