Indian Penal Code, 1860, Section 302, 304 -- Only one injury caused by a stick on a dark night when visibility was poor but the victim and accused knew each other - One could not move about without torch - Doctor opined that the injury was possible with one blow - High Court convicted under section 302 IPC - Held, due to darkness it could not be said with certainty the..........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 2(q) -- clause (i) - Expression `vacant land' - Though sanction of building plan granted yet no construction had been raised on appointed day - Respondents held entitled to benefit under sub clause (i) of clause (q) of sub-section 2 of the Act and entitled to get the vacant land required to be kept in terms of the..........
Succession Act, 1925, Section 63 -- Evidence Act, 1872, Section 68 - Will - Execution of - `Y' mother of `R' having seven daughters and no son executing a will in favour of `R' - `R' a widow looking after her mother `Y' for 20 years - Will got registered by `Y' 3 years and 9 months before her death - The Will attested by two witnesses out of whom one was examined as a..........
Criminal trial -- Witness - Evidence of witnesses cannot be discarded merely because their statements were recorded under Section 164 Cr.P.C. - All that is required as a matter of caution is a careful analysis of the evidence...........
Hindu Succession Act, 1956, Section 15(2) -- Succession in case of female Hindu dying intestate - `R' daughter of mother `S' inherited the property of her maternal grand mother as `S' her mother had expired - She got the property not from her husband or father-in-law, but from her mother side - `R' died intestate without leaving any son or daughter or children of..........
Civil Procedure Code, 1908, Section 115(1) -- Proviso as inserted by Amendment Act 46 of 1999 w.e.f. 1.7.2002 - Interlocutory orders passed by Courts subordinate to High Court against which remedy of revision excluded by CPC Amendment Act 46 of 1999 - Open to challenge in- and continue to be subject to certiorari and supervisory jurisdiction of High Court - Amendment by..........
Motor Vehicles Act, 1988, Section 168 -- Compensation - Tribunal constituted under Section 168 of the Act is required to make an award determining the amount of compensation which is to be in the real sense `damages' which in turn appear it to be `just and reasonable' - Compensation for loss of limbs or life can hardly be weighed in golden scales - The compensation is not..........
Land Acquisition Act, 1894, Section 6(1) -- r/w Explanation 2 - Land acquisition - Public purpose - Amount paid by Company towards advance lease premium credited in the account of Nigam, a State owned corporation - Such fund when utilised for the purpose of payment of compensation, wholly or in part, satisfies the requirements of second proviso to Section 6(1) r/w..........
Constitution of India, 1950, Article 226 -- Land Acquisition Act, 1894, Section 4(1) - Writ jurisdiction - Vagueness of public purpose - Plea of - When no prejudice has been demonstrated nor could be reasonably inferred, it would be unjust and inappropriate to strike down the notification under Section 4(1) on the basis of a nebulous plea, in exercise of writ jurisdiction..........
Indian Penal Code, 1860, Section 34 -- Common intention - Applicability of S.34 depends upon the facts and circumstances of each case - No hard and fast rule can be laid down as to the applicability or non-applicability of S.34 - For applicability of the section it is not necessary that the acts of several persons charged with commission of an offence jointly, must be the..........
