Indian Penal Code, 1860, Section 304 -- Accused inflicted stab injury to complainant - Deceased came to the rescue of complainant, her husband - In the heat of passion, accused gave stab injury at her buttock - The accused followed deceased and kicked her as a result deceased fell down - Though accused could stab her again, he did not - Injury neither intended nor..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Claim by wife - Husband setting up written divorce agreement - Agreement that wife will not claim maintenance - Such an agreement is opposed to public policy and is against the required intendment of provisions of Section 125 Cr.P.C...........
Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995, Section 33 -- Recruitment - Advertisement - Reservation - Physically disabled persons - Post of Staff Nurse - 280 vacancies advertised without any reservation for physically disabled persons as mandated by Section 33 of the Act, 1995 - Appellant had to apply against..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Consideration for grant of anticipatory bail and regular bail are not the same - Offences affecting the mankind, the environment, the forest wealth, the people at large, the safety and security of the nation, the economic stability of the country and the like are to be distinguished from the offences..........
Land Acquisition Act, 1894, Section 18, 28A -- Acquisition of land of various land owners - Land owners filed reference and award enhanced - All land owners except one filed appeal in High Court - High Court enhanced amount of award - Land owner who had not approached High Court approached Collector under Section 28-A for enhancement on the basis of enhanced award by High..........
Punjab Police Rules, 1934, Rule 16 38 -- Departmental proceedings - Punishment - Allegations clearly disclosed the ingredients of Section 160 IPC and Section 145 of the Railways Act for which the plaintiff should have been prosecuted judicially by instituting a criminal case - Superintendent of Police chose to proceed departmentally against the plaintiff without complying..........
Indian Penal Code, 1860, Section 302, 307, 149, 300 -- Group clash - Role of some of the accused not mentioned in the FIR - The incident had taken place in a state of quarrel - Held, it is quite natural that in faction ridden villages there is a tendency to implicate all the supporters of the group - Accused who were not assigned any role in the FIR acquitted - Further..........
Indian Penal Code, 1860, Section 307, 326, 149 -- Group clash - Injured sustained fracture of wrist joint - Another injured sustained fracture of left knee joint - Injuries not on vital parts of the body - Conviction under Section 307 IPC is bad - Case fall within the domain of Section 326 IPC...........
Civil Procedure Code, 1908, Order 39, Rule 1(a) -- Temporary injunction - Defendant can seek injunction against plaintiff on the grounds mentioned in O.39.R.1(a) CPC but cannot seek injunction on the grounds other than those mentioned in O.39.R.1(a) - Defendant cannot invoke inherent powers under Section 151 of the Code for seeking temporary injunction on grounds other..........
Indian Penal Code, 1860, Section 304A -- Negligent driving - Circumstantial evidence - Accused driver of bus gave dash to police officer in uniform who was trying to stop the vehicle - Police officer died - No turn or bend on road at the place of incident to prevent driver from noticing a police officer - There were speed breakers near the spot - Accused negligent -..........
