Indian Penal Code, 1860, Section 302 -- Murder - Accused persons shot fired at deceased with their respective weapons - Testimony of eye witnesses not contradictory with medical evidence - FIR lodged promptly - Non sending of blood stained earth for chemical examination a mere negligence on the part of I.O. - On exhortation of main accused only other two accused fired at..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Interim injunction - Violation - Ad interim injunction granted directed defendant No.1 shall not convene any meeting of the Trust to discuss the agenda - However meeting was convened - Application filed U.O.39.R.2-A CPC against Secretary for violation of stay order - Application disallowed - Held, meeting was convened vide..........
Punjab State Election Commission Act, 1994, Section 76, 89, Civil Procedure Code, 1908, Order 5, Rule 17 -- Election to the post of Sarpanch - Notice sent to Panches by Presiding Officer - Two members refused to accept notice and thus assumed to be served - Meeting held and respondent elected Sarpanch - Held, refusal does not amount to service of notice - O.5.R.17 CPC..........
Civil Procedure Code, 1908, Order 47, Rule 1, Divorce Act, 1869, Section 41 -- Maintenance - Minor daughter living with mother - Respondent/wife sought maintenance on ground that entire expenses of maintenance and education of minor child is borne by her - Lump sum of Rs.5 lacs directed to be paid for meeting marriage expenses of daughter - Review of judgment sought by..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - It is an independent offence - It is punishable separately - Its ingredients are - (a) an agreement between two or more persons; (b) the agreement must relate to doing or causing to be done either - (i) an illegal act; (ii) an act which is not illegal in itself but is done by illegal means - Conspiracy is..........
Hindu Minority and Guardianship Act, 1956, Section 6, 13 -- Girl child - Custody - Interest of the minor is of paramount importance - Wishes of the minor are to be given due weightage - Child having no inhibition in meeting father - Child not hostile to her father - Child wanted to enjoy the love and affection both of her father as well as her mother - Having regard to the..........
Service -- Report of Enquiry Officer furnished at the time of serving show cause notice proposing punishment - Does not vitiate the report so long petitioner is not denied an opportunity to show that the findings of the Enquiry Officer were not correct or that any prejudice is caused to him - The ultimate order meeting out the punishment to the petitioners had been passed..........
Ranbir Penal Code, 1989, Section 120B -- Criminal conspiracy - Evidence or circumstances showing meeting of minds of alleged conspirators - Held, it is sine qua non for commission of offence punishable u/s 120-B - Mere allegation that there was enmity between accused and deceased over matrimonial dispute of deceased with accused's sister, will not by itself be sufficient..........
Haryana Municipal Election Rules, 1978 -- Ballot paper - Any form of visible representation by which he can be identified renders the ballot paper invalid - Possible to identify the candidate from the ballot paper with reference to the serial number found in the ballot paper with the record sheet/register that is retained by the convener of the meeting - Election set..........
Punjab Panchayati Raj Act, 1994, Section 12, Punjab Sate Election Commission Act, 1994, Section 76, Punjab Panchayati Raj Election Rules, 1994, Rule 50, 51, 45 -- Sarpanch - Post reserved for Scheduled Caste (Woman) - In the meeting for election of Sarpanch name of woman proposed but there was none to second her - In this situation a male Sarpanch was elected - Election of..........
