Indian Penal Code, 1860, Section 376(2) -- Rape - Imposition of sentence - Held, normal sentence in a case where rape is committed on a child below 12 years of age, is not less than 10 years R.I. - However, in exceptional cases `for special and adequate reasons' sentence of less than 10 years R.I. can also be awarded - In present case, High Court reduced sentence on ground..........
Civil Procedure Code, 1908, Section 20, 2(e), Arbitration and Conciliation Act, 1996, Section 34 -- Territorial jurisdiction - It cannot always be said, in view of S.20 of CPC that only one Court has jurisdiction to try the suit - Territorial jurisdiction is conferred upon a Court on various considerations - Once it is brought to the notice of a Court that proceedings..........
Indian Penal Code, 1860, Section 34 -- Common intention - Apart from the fact that there should be two or more accused, two factors must be established (i) common intention (ii) participation of the accused in the commission of an offence - The essence of Section 34 is simultaneous consensus of the minds of persons participating in the criminal action to bring about a..........
Criminal Procedure Code, 1973, Section 125 -- Divorced wife - If the divorced wife is unable to maintain herself and if she has not remarried, she is entitled to claim maintenance allowance - A divorced woman continues to enjoy status of a wife for limited purpose of claiming maintenance in view of Explanation (b) to Section 125(1) Cr.P.C...........
Essential Commodities Act, 1955, Section 6A -- Second Proviso - Confiscation of vehicle used for carriage of essential commodity - Since the confiscation is of vehicle as such fine is relatable to the market price of the vehicle at the date of seizure of the essential commodity sought to be carried by such vehicle - Held, fine in lieu of confiscation under second proviso..........
Negotiable Instruments Act, 1881, Section 138, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22, 22A -- Company - Dishonour of cheque - Pendency of proceeding under Section 22(1) of SICA alone is not sufficient to get absolved from the liability under S.138 of the NI Act...........
Specific Relief Act, 1963, Section 20 -- Hardship - Mere lapse of time and inadequate consideration are no grounds to exercise discretion u/s 20 because Section 20 is an exception to the rule of grant of relief of specific performance...........
Negotiable Instruments Act, 1881, Section 142, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22 -- Sick company - Dishonour of cheque - If commission of the offence under Section 138 of the NI Act was completed before the commencement of proceedings under Section 22(1) of SICA there is no hurdle in any of the provisions of SICA against the..........
Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 12, 21A -- Reallotment application after resumption order under Rule 12(3) - Authorities directed to consider reallotment application favourably and if no good reason to reject application see that applicant able to retain possession of land - Capital of Punjab (Development and Regulation) Act, Section 8-A...........
Transfer of Property Act, 1882, Section 111(e), 111(f) -- Agreement of sale between landlord and tenant - Old relationship of landlord and tenant comes to end - Even after cancellation of agreement of sale - Status of tenant is not restored as such - On the date of execution of agreement of sale - Status of parties as landlord and tenant changed into a new status of a..........
