Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by burning - Mental illness of deceased is admitted much earlier in time before date of death - Husband of deceased is habitual drunkard since marriage and in habit of causing harassment in drunken state and both have passed more than 15 years of marriage as such giving birth to four children, general..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of 1060 gms heroin - Quantum of sentence - Accused is a lady - She is not a previous convict - Her age was 39 years at the time of detention and she must be now aged 43 years - Sentence awarded to accused thus, reduced from 15 years to 10 years R.I and amount of fine also reduced from..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 354A, 380 -- Anticipatory bail - Offence u/ss 354, 354A, 380 IPC - From perusal of FIR, it becomes evident that informant has made specific allegations of outraging her modesty and sexual harassment by unwelcome physical advances, comments and explicit sexual overtures - There is specific..........
Civil Procedure Code, 1908, Order 41, Rule 27, Motor Vehicles Act, 1988, Section 166 -- Additional evidence at appellate stage - Accident - At a very belatedly stage, insurance company wants to avoid its liability to pay compensation coming up with a plea that respondent No.1 was not having a valid and effective during licence at the time of accident, which was available..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injury - Compensation - 75% disability - Keeping in view extent and nature of injuries, amount spent by claimant on his medical treatment, his hospitalization, number of operation undergone by him, his inability to work for a considerable time, compensation cannot be said to be on higher side...........
Civil Procedure Code, 1908, Section 47(1) -- Revision - Maintainability - Parties are in litigation since long time and has not ended - Respondent is in possession of suit property - Necessary ingredients which constitute adverse possession, are completely missing in the plaint - Thus, plea in revision petition is a pure question of law and can be raised at any stage of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non compliance of compromise terms - At the time of compromise accused not made aware of ramifications when his statement of compromise was recorded - Not fair to record conviction of accused solely on the basis of statement made towards compromise without giving him an opportunity for defending himself..........
Benami Transactions (Prohibition) Act, 1988, Section 3(2) -- Benami transaction - Property purchased in the name of minor daughter by plaintiff - Defendant/daughter admitted that she was minor at the relevant time - She failed to prove that she had raised any loan for purpose of raising construction on suit property - Plaintiffs are real owners in possession of suit..........
Civil Procedure Code, 1908, Order 41, Rule 19 - - Non-appearance of counsel of plaintiff, as he noted down the wrong date - It is not the case of plaintiff that he was not interested in pursuing the matter - No person be made to suffer on account of lapse of counsel - Non-appearance cannot be fatal in application for restoration filed U.O.41.R.19 CPC - Court below had been..........
Succession Act, 1925, Section 272 -- Letters of Administration/probate - Will - Attesting witness of Will/PW2 stated that deceased was a friend of his father and he executed Will in his presence - He also recognized the signature of testator - Testator proved to be healthy and in normal condition at the time of execution of Will - Will executed in favour of petitioner..........
