Criminal Procedure Code, 1973, Section 311 -- Framing of charge - At the stage of framing of the charge there would be hardly any justification to invoke the provisions of Section 311 of the Cr.P.C...........
Criminal Procedure Code, 1973, Section 184 -- Jurisdiction - Offence under section 498A IPC triable in one Court and offence under Section 406 IPC triable in either of the two Courts - In this case the allegation of conduct falling under Section 498A IPC also encompass the alleged denial to return `Stridhan' - Therefore, these cases could have been tried at the Court in..........
Indian Penal Code, 1860, Section 376, 511 -- Rape - Attempt - Difference between preparation and an attempt to commit rape - For offence of an attempt to commit rape, it is necessary to prove that accused has gone beyond stage of preparation - If an accused strips a girl naked, making her flat on ground, undresses himself, forcibly rubs his erected penis on private part of..........
Terrorists and Disruptive Activities (Prevention) Act, 1987 -- Sections 19 & 20A(2) - Arms Act, Section 25 - Appeal against conviction - Held when trial for offence under TADA could not have been held by the Designated Court for want of valid sanction envisaged in Section 20A(2) the consequence is that no valid trial could have been held by that Court into any offence..........
Haryana Development and Regulation of Urban Areas Act, 1975, Section 15 -- Jurisdiction of Civil Court to adjudicate dispute between purchaser and licensee/ colonizer - Not ousted - Section 15 has nothing to do with private dispute between purchaser and licensee/colonizer - Demand of enhanced external development charges by licensee/colonizer - Purchaser can seek remedy of..........
Constitution of India, 1950, Article 226 -- Enhancement of external development charges - Challenge by purchaser from licensee/colonizer - Purchaser cannot question levy of enhanced external development charges by Authorities - Agreement to sell and sale deed executed between purchaser and licensee/colonizer do not have their source in provisions of the Act and Rules - No..........
Will -- Validity of - Thumb-impression of testator on Will not clear being ink-smudged - Scribe of Will a labourer by profession working with propounder of Will, discrepancies in statement of scribe on material and substantial aspects cannot be ignored as being minor and of trifling nature, contradictions in his statement clearly show that he was not a reliable witness -..........
Criminal Procedure Code, 1973, Section 401 -- Charge under section 630(1)(b) of the Companies Act - Revision - Chief Judicial Magistrate allowed complainant - Respondent's application for issuance of warrant of arrest of petitioner as he failed to hand over the possession of the occupied property as per order of High Court - Petitioner in custody since 12.06.1997 - Held by..........
Motor Vehicles Act, 1939, Section 2 -- C(3), 2(19), 2(29), 42 - Contract carriage belonging to one `S' hired by appellant with a driver - Bus in possession and under control of appellant for running on specific route for carrying on hire passengers by appellant and driver was to act under directions of conductor and appellant - Accident due to rash and negligent driving -..........
Criminal Procedure Code, 1973, Section 145, 482 -- Quashing of proceedings - Proceedings under Section 145 of Cr.P.C. adjourned sine die by SDM on 24.03.1995 - There was order of status quo regarding possession - For the same land between same parties SHO presented another Kalender on 09.04.1995 - The very same SDM passing order attaching land on 04.05.1995 - Held the..........
