Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused convicted and sentenced to undergo simple imprisonment for three months - Accused has already undergone two months 20 days out of substantive sentence of three months S.I - He has faced the pangs of trial followed by appeal for a period of more than a decade - Court..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Execution and registration of gift deed proved on record - First Appellate Court wrongly put onus on donee to prove intention of donor, as intention of donor to gift property is proved from reading of registered gift deed - Since donor acknowledged that donee serving him coupled with the fact that donor remained..........
Industrial Disputes Act, 1947, Section 25F -- Termination - Contention of Management that Labour Court itself should have conducted enquiry by giving an opportunity to Management to defend its action on basis of misconduct imputed against workman for first time before Labour Court - No application or an averment in pleading or in written statement/statement of claim of..........
Assam Urban Area Rent Control Act, 1972, Section 5(4) -- Non-payment of arrears of rent - Demand notice issued - Tenant not depositing rent within prescribed time i.e. within fortnight from date of service of notice - Eviction on ground of non payment of rent, held, proper...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of sole eye witness - PW1 an eye witness and also an interested witness being father of deceased - It is fully proved from the evidence of PW1 that both the accused participated in the murder of deceased - Testimony of PW1 remained consistent and clinching on all material points relating to occurrence - He was..........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 377, 511, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Further investigation - Narco-Analysis/Brain Mapping Test - Unnatural offence - Evidence recorded in course of Narco Analysis Test is not admissible evidence and it will be hazardous situation to permit any accused to..........
Civil Procedure Code, 1908, Section 100A - - LPA against order of single Judge - LPA not maintainable notwithstanding anything contained in any Letters Patent for any High Court or in any instrument having force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by single Judge of a..........
Constitution of India, 1950, Article 226, Bar Associations (Constitution and Registrations) Rules, 2015, Rule 11 -- Election - Rejection of nomination of petitioner by Returning Officer - In the instant case, delay regarding scrutiny of nomination of petitioner is malafide as petitioner can be granted time to remove defect by certifying correction on over-writing which is..........
Protection of Women From Domestic Violence Act, 2005, Section 2(a), 12 -- Domestic violence - Aggrieved person - Wife was not living with her husband at the time when Act came into force - Legal relationship between husband and wife continues, as they have not divorced as per law - Wife acquired the status of aggrieved person and provisions of the Act are thus applicable...........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Accused a married man developed physical relations with prosecutrix a divorcee, as a result of which she gave birth to twins - Physical relations were established on the assurance of accused to marry prosecutrix, as he had proclaimed himself to be widower - However, evidence on record shows that..........
