Indian Penal Code, 1860, Section 393, 394, 398, 34 -- Offence u/ss 393, 394, 398, 34 IPC - Charge u/s 398 IPC not framed - Accused convicted by trial Court on the basis of observations made by High Court - Moreover, no evidence led to substantiate offence u/s 398 IPC - Testimonies of PWs 2 to 4 shows that accused were prime accused and according to medical evidence..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 341, 323, 506, 427, 201, 120B, 34 -- Anticipatory bail - Attempt to murder - Dispute between two groups of lawyers relating to strike which was already going on - Accused belonging to one group which was against strike - Consequently, conspiracy was hatched by accused and he called..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Plea by defendant that suit property belongs to plaintiff and he has constructed a house and that he was in possession under agreement of sale, executed by plaintiff - Concurrent findings of two Courts below that no agreement of sale was executed by plaintiffs in favour of defendant -..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff not in possession - Suit not maintainable as consequential relief of possession is not sought...........
Indian Penal Code, 1860, Section 363, 376, 342, 313, 201, 506, 34 -- Kidnapping and rape - Sole testimony of prosecutrix - Prosecutrix proved to be 14 years of age at the time of incident - She stated that she was brought to the office of accused where she was locked inside by co-accused and co-accused committed rape upon her - Prosecutrix became pregnant and when she told..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession - Plaintiff filed the suit on basis of sale deed executed in his favour by his vendor - However, since vendor of plaintiff was declared by Court in earlier decision to be not having any title, plaintiff has no title to subject property - Consequently, decree for declaration of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Genesis of dispute was that deceased purchased a car jointly with co-accused - Dispute if any was between co-accused and deceased and not between other accused - Wife and daughter of deceased declared hostile - Even all the PWs not supported prosecution case - Prosecution failed to prove its case - Accused acquitted...........
Goa, Daman and Diu Land Revenue Code, 1968, Section 14(2), 36, 199(2), Goa, Daman and Diu Land Revenue (Record of Rights and Register of Cultivators) Rules, 1969, Rule 5, 6, Specific Relief Act, 1963, Section 34 -- Title of Government to lands - Counter claim - Suit survey is forest land and in exclusive possession of Forest Department - Plaintiff filed Objection to entry..........
Indian Penal Code, 1860, Section 452, 323, 427, 504, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 452, 323, 427, 504, 506, 34 IPC - Parties have compromised the matter - There are bleak chances of conviction - FIR quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 34 -- Bail - Abetment of suicide - Petitioner is in custody since 17.1.2020 - He is not involved in any other case and is no more required for further investigation - More so, there is no direct allegation against petitioner of extending any threat, as he himself is a victim and was under..........
