Indian Penal Code, 1860, Section 376 -- Rape - Reduction in sentence - Court has to record adequate and special reasons in the judgment and not fanciful reasons which would permit the Court to impose a sentence less than the prescribed minimum - Adequate and special reason depends upon several factors - No strait-jacket formula can be indicated...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Acquisition of land for development of Industrial Sector No.58 - Entire discussion by Reference Court related to land acquired for development of Industrial Sector No.59 - In matters of valuation, Court are required to consider relevant sale instances - Impugned judgment set aside - Matter remitted..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Suit for specific performance with alternative prayer to return advance amount - Security is to be furnished for the money portion of the decree claimed and not for the market value of the property agreed to be sold...........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - Powers of appellate Court - Judgment of acquittal can be reversed when there are substantial and compelling reasons when conclusions of trial Court are palpably wrong or decision is based on erroneous view of law or when judgment is likely to result in 'grave miscarriage of justice' or approach of..........
Civil Procedure Code, 1908, Order 8, Rule 1, 5, 10 -- Written statement - When not presented within time permitted or fixed - Two options with Court are either to pronouncement judgment or to make such order in relation to the suit as it thinks fit - Court in its discretion can choose either of the two options - In exercising such a discretion Court has necessarily to be..........
Civil Procedure Code, 1908, Order 8, Rule 1, 5, 10 -- Written statement - Not filed within time fixed - Court exercising its discretion to pronounce judgment ex parte - Discretion exercised not proper and rational as there were no reasons for refusing to grant further time and there was no necessity to pronounce the judgment when suit had hardly lived for three months and..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Non filing within time fixed - Pronouncement of judgment - Court to go into maintainability of suit particularly when suit is instituted by a firm and this fact is brought to the notice of Court that suit by un unregistered partnership firm is not maintainable...........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - Appellate Court to interfere only when there are compelling and substantial reasons for doing so - If the impugned judgment is clearly unreasonable and relevant and convincing materials have been unjustifiably eliminated in the process, it is a compelling reason for interference...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Application for - Dismissed in default - Restoration of - Plea that recalling of dismissal order would amount to altercation in order as defined in S.362 and, therefore, is not permissible - Held, prohibition imposed by S.362 of the Code is to the extent of impermissibility pertaining to alteration of judgment or..........
Contempt of Courts Act, 1971, Section 12, 2(a), 2(b) -- Contempt of Court - Direction to consider matter in accordance with law - Means that matter should be considered to the best of understanding by the authority - Held, a mere error of judgment with regard to the legal position does not constitute contempt of Court - There is no willful disobedience if best efforts are..........
