Indian Penal Code, 1860, Section 302, 34 -- Murder - FIR referred presence of PW1 and PW2 - Substantive testimony of these two witnesses discloses that accused had opened an assault on deceased which led to his death - Assertion on part of PW1 that her earlier statement recorded during investigation was read over to her does not mean that she was tutored to follow line of..........
Indian Penal Code, 1860, Section 161, Prevention of Corruption Act, 1947, Section 5(2) -- Offence u/s 161 IPC and S.5(2) of P.C Act - Reduction of sentence - Accused is a lady, who is now a senior citizen aged about more than 70 years - She is not keeping good health and is suffering from age related ailments - Accused has been suffering mental incarceration for about more..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C - Statement made by a witness before Magistrate authorized to tender oath is not a substantive piece of evidence and it has to be taken only as a previous statement - It can be used both for corroboration and contradiction - It can corroborate maker or deponent if he is examined as a witness - Such..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Concurrent running of sentence - Various complaints filed by different complainants in different criminal cases in connection with dishonour of cheques against accused - Order of conviction passed for offences - All cases against accused pertain to S.138 of the Act, substantive sentence to run..........
Prevention of Corruption Act, 1988, Section 5(2) -- Criminal misconduct - Quantum of sentence - Incident occurred in 1978 - Accused is now a senior citizen aged about 82 years - He is not keeping good health and is suffering from age related ailments - Accused has already served 20 days incarceration and he has suffered mental incarceration for about 42 years - Substantive..........
Criminal Procedure Code, 1973, Section 427, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Concurrent running of sentences - Conviction in 8 cases u/s 138 of N.I. Act - Substantive sentences in all the eight cases shall run concurrently - However, default sentences shall not be affected...........
Stamp Act, 1899, Section 35 -- Whether the statutory bar contained in S.35 of the Act applicable to instruments chargeable to Stamp Duty u/s 3 r/w Schedule to the Act, would also render the arbitration agreement contained in such an instrument, which is not chargeable to payment of stamp duty, as being non-existent, un-enforceable, or invalid, pending payment of stamp duty..........
Criminal Procedure Code, 1973, Section 357A(1), (4), (5) -- Provisions of S.357-A(1),(4) & (5) Cr.P.C are substantive in character...........
Natural justice -- Where procedural and/or substantive provisions of law embody principles of natural justice, their infraction per se does not lead to invalidity of orders passed - Prejudice must be caused to litigant, except in case of a mandatory provision of law which is conceived not only in individual interest but also in public interest...........
Arbitration and Conciliation Act, 1996, Section 49, 48, 47 -- Enforcement of Foreign award - Applicability of provision of S.5 of Limitation Act - Application u/s 47 of the Act is not an application filed under any of provisions of O.21 CPC - Application is filed before appropriate High Court for enforcement, which would take recourse to provisions of O.21 CPC only for..........
