Constitution of India, 1950, Article 235 -- Judicial service - Order of suspension - Power of High Court - Allegation of sexual harassment at work place - Power to suspend judicial Officer vests in High Court - Full Court of High Court is in no manner precluded from initiating disciplinary inquiry against petitioner and placing him under suspension on being satisfied that..........
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 13 - - Sexual Harassment of Women at work place - Non-supply of preliminary inquiry report to petitioner - Preliminary inquiry report was not a report containing any findings against petitioner rather only opinion was expressed that disciplinary inquiry be initiated against..........
Indian Contract Act, 1872, Section 4, Hindu Succession Act, 1956, Section 22 -- Indivisible property - Preferential right to acquire property - Communication of offer - Correspondence took place between plaintiff and defendant`s wife offering to sell property to either plaintiff or third brother by finalising consideration - First letter written by defendant`s wife..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel took place between parties abruptly and suddenly - Accused as well as deceased were under the effect of intoxication - In this scuffle, accused inflicted blows of Chimta held by him on person of deceased without any premeditation and without intending to cause him such injuries which could..........
Indian Penal Code, 1860, Section 304(Part I), 100 -- Offence u/s 304(Part I) IPC - Right of private defence - Accused himself took the defence that he assaulted deceased in exercise of his right of private defence when deceased allegedly intrude inside his house and attempted to assault and molest his wife - One injury was caused to deceased, which was sufficient to cause..........
Hindu Succession Act, 1956, Section 15 -- Property of Hindu female dying intestate - Husband of female being person shown in first place u/s 15(1) of the Act is only legal heir in absence of any children - Class-1 Legal heirs shown in Schedule is applicable only to male dying intestate, same cannot be taken into consideration for considering claim of mother as legal heir..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 46 kgs Ganja (cannabis) - Search conducted at a public place which is open to general public - Compliance of S.42 of the Act not necessary - However, when prosecution comes up with compliance of a provision on which there is diametrically opposite statement of a witness and it also runs..........
Criminal trial -- Failure of prosecution to act fairly and place all relevant materials with regard to the occurrence before the Court enabling it to take just and fair decision has caused serious prejudice to them - Acquittal of accused Nos.3 & 4 by High Courts calls for no interference...........
Indian Penal Code, 1860, Section 498A, 306 -- Offence u/ss 498-A, 306 IPC - Reduction of sentence - Occurrence took place in the year 2015 - Accused already undergone a period of more than 4 years incarceration out of total 10 years R.I for offence u/s 306 IPC so also suffered agony and trauma of protracted trial - It would be just and proper If sentence awarded by trial..........
Hindu Marriage Act, 1955, Section 7, Specific Relief Act, 1963, Section 34 -- Suit for declaration that marriage between parties is null and void as no marriage was performed according to Hindu rites - Categoric statement of Granthi of Gurdwara, which goes unrebutted, stating that there was no ceremony performed at the Gurdwara on the day of marriage - Once statement of..........
