Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in murder case - Initially custody of vehicle granted to appellant/brother-in-law of deceased, as he filed an application of custody of vehicle - Respondent/wife of deceased also filed application seeking interim custody of vehicle - Magistrate passed an order by which said vehicle..........
Army Rules, 1954, Rule 40 -- General Court Martial - Challenge to composition - Appellant holding rank of Lieutenant General tried by GCM which consisted of members below his rank - Such a composition cannot be countenanced in law - Merely because appellant had retired in the meantime cannot be a ground to discard and give a go by to the provisions of Rule 40(2) of the..........
Army Rules, 1954, Rule 40 -- General Court Martial - Challenge to composition - - Improper constitution of General Court Martial (GCM) - Where GCM is not properly constituted normal course is to remit the case back to respondents to constitute proper GCM and hold Court martial - However, for various reasons as two of three charges not proved against appellant and proved..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of interim injunction order - Defendant alienated the suit property in favour of appellant who is his father-in-law in violation of interim injunction order - No material on record to show that appellant had knowledge of interim order - Defendant having been found not guilty of contempt of Court in..........
Mohammedan law -- Fasid (Irregular) marriage - Marriage between Muslim man and Hindu Woman - Validity - Marriage of a Muslim man with an idolater or fire worshipper is neither a valid nor a void (batil) marriage, but is merely an irregular (fasid) marriage - Any child born out of such wedlock (Fasid marriage) is entitled to claim a share of his father's property...........
Evidence Act, 1872, Section 4 -- Conclusive proof - When enactment enjoins that any evidence would be treated as a conclusive proof of certain factual situation or legal hypothesis, law would forbid other evidence to be adduced for the purpose of contradicting or varying said conclusiveness...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegation against brother-in-law - Incident of slapping by accused to deceased in Panchayat in September, 2001 and suicide committed on 23.02.2002 - Incident of slapping cannot be the sole ground to hold him responsible for instigating the deceased to commit suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegation against brother-in-law - No evidence on record that deceased committed suicide due to continuous threats by accused regarding his being implicated in a false case of dowry - Evidence does not disclose that accused instigated deceased to commit suicide - Neither there was a provocation nor..........
Uttar Pradesh Consolidation of Holdings Act, 1954, Section 21 -- Allotment of chak - Co-tenure holders - Objections regarding allotment of chaks - Respondents claiming chak comprising entire areas of plot in pitch road - However, chak was allotted in the manner that chak of every co-sharer was on pitch road - All the co-sharers had right in plot in question till holdings..........
Service Law -- Reversion - On grounds of fraud and suppression of fact that appellant does not possess requisite qualification - Appellant appointed as Bill Clerk after verification of his qualification and through process of competitive examination followed by an interview - In show cause notice, appellant had explained that at the time he appeared in matriculation..........
