Indian Penal Code, 1860, Section 80, 302 -- Appeal against conviction - Plea of defence of accident - The first requisite of Section 80 of the Act i.e. the act in question was without any criminal intention or knowledge lacking - The reeper said to have been swung by the deceased at the appellant as spoken to in his statement u/S.313 Cr.P.C. not found at the scene of..........
Civil Procedure Code, 1908, Section 144 -- Decree for restitution under Section 144 CPC indivisible - Such decree cannot be interfered with unless all the parties in whose favour such decree was passed are before the Supreme Court in appeal...........
Delhi Rent Control Act, 1958, Section 14C -- Eviction proceedings under section 14C - Summary of legal position - Indicated...........
Constitution of India, 1950, Article 22(5) -- COFEPOSA Act, Section 3(1) - Detention order - Respondent before surrendering filed writ petition and obtained ad interim stay - On vacation of stay by learned single judge, the Division Bench in appeal granted ad interim relief and extended the same from time to time - Held that proper order which was required to be passed was..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 167(5) -- As amended by Section 4 of West Bengal Act 24 of 1988 - Non completion of investigation within prescribed time of 2 years - Discharge - Time to commence either 'from the date of arrest of the accused or the date when he made his appearance in Court' - Means only..........
Gujarat Co-operative Societies Act, 1961, Section 147(1)(d), 149(3) -- Sanction to Prosecute - While for the offence under Section 147(1)(c) the sanctioning authority is the State Government for all other offences it is the registrar - Hearing is to be given only if sanction for prosecution under Section 147(1)(c) is contemplated and not otherwise...........
Evidence Act, 1872, Section 34, 10, 17 -- Diaries and files - Entries therein - Allegation of CBI that they establish the existence of general conspiracy amongst Jains to promote their economic interest by corrupting public servants including, politicians - Held, not correct - Section 10 thus not attracted...........
Evidence Act, 1872, Section 34, 10, 17 -- Diaries and files - Entries therein - Diaries and Files recovered from J.K.Jain, an employee of Jain Brothers - Entries recorded in abbreviated form of digits and initials - Showing receipts from foreign and payments to influential public servants and politicians for official favours - Payments to Shukla of Rs.39 lacs and to Advani..........
Indian Penal Code, 1860, Section 302, 34 -- Injuries not caused on the vital parts - Injuries caused were serious and medical evidence clearly shows that the deceased had died due to the injuries caused to him and the injuries were sufficient in the ordinary course of nature to cause death - Held, appellants have been rightly convicted under Section 302 read with S.34 IPC...........
Evidence Act, 1872, Section 27 -- Disclosure statement by the appellant when he was taken to Police Station for interrogation without registering any offence against him - Section 27 Evidence Act is not applicable - Recovery not to be treated as having been made on the basis of the disclosure statement of the appellant...........
