Indian Penal Code, 1860, Section 302, 34, 394 -- Double murder - No adequate evidence for connecting the appellants with the offence as it was too much of a coincidence and highly improbable that appellants leaving the house after committing murder of deceased at the precise time when witnesses had arrived at the house - Although substantial properties are said to have..........
Family Settlement - - Lawful family settlements that adjust mutual rights by specific allotments equitably that could be oral, so long as oral partition is not barred by law and a family settlement orally or through an unregistered document to extinguish title to immovable property - The former is legal and the latter is unlawful...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Powers of court - Suit whether barred by limitation or not, is a mixed question of fact and law - Court cannot exceeded its jurisdiction by entering into merits of case nor can travel beyond statement in plaint - Held, rejection of plaint on ground that suit is barred by limitation is not proper...........
, Section 13(2), 13(1)(e), 239, 227 - - Corruption case - Order of discharge - While passing order of discharge, fact that accused other than two Ministers have been assessed to income tax and paid income tax cannot be relied upon to discharge accused persons particularly in view of allegation made by prosecution that there was no separate income to amass such huge..........
Evidence Act, 1872, Section 112 -- Scientific evidence - Held, when there is a conflict between a conclusive proof envisaged under law and a proof based on scientific advancement accepted by world community to be correct, then latter must prevail over former...........
Criminal Procedure Code, 1973, Section 482, 439 -- Bail application - Dismissed for default - Restoration - When a petition is dismissed for default of appearance, there is no decision on merits and there is no proper disposal of it according to law - Court may rehear the same - Petition restored to its file...........
Arbitration and Conciliation Act, 1996, Section 37 -- Arbitration award - Appeal - Procedural law - Held, whatever may be the status of award under the Act in respect of any other statute, but when it is challenged in an appeal u/s 37 of the Act, underlying principle of CPC is applicable...........
Arbitration and Conciliation Act, 1996, Section 37 -- Arbitration award - Appeal - Procedural law - Held, whatever may be the status of award under the Act in respect of any other statute, but when it is challenged in an appeal u/s 37 of the Act, underlying principle of CPC is applicable...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 7 -- Alternative plea - When there is no inconsistency in the facts alleged, a party is not prohibited from taking alternative pleas available in law...........
Criminal Procedure Code, 1973, Section 319, 482, Indian Penal Code, 1860, Section 498A, 504, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Applicants-accused persons were brother-i, law and sisters-i, law having no connection in domestic affairs of husband and respondent-wife - They were not members of same household - Allegations leveled against..........
