Indian Penal Code, 1860, Section 376 -- Rape - Victim herself followed accused and went with him in a public transport - No objection made by victim at any point of time - FIR lodged after gross and undue delay of 20 days for which no explanation is forthcoming - Omission in belated FIR that accused subjected to victim to sexual assault is far too significant to be..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Matrimonial dispute - Inconvenience pleaded by wife is completely baseless as distance between Family Court at place `B' is about 54 kms as against 51 kms at place `H' - In any case, in order to compensate wife in alleged inconvenience, it is directed that husband shall pay travelling expenses to wife on her..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Divorce proceedings at the instance of husband was dismissed - Husband was owner of two buses and he is having an income of about Rs.50,000/- p.m from said transport business - Said fact not denied by husband but he has taken a plea that he sold the buses to scrap dealer - However, there is no evidence to..........
Rajasthan State Road Transport Corporation Compassionate Appointment Regulations, 2010 -- Regul.4(3) - Compassionate Appointment - Validity of Regul.4(3) - Corporation carved out two classes of dependents of deceased employees in respect of claims for Compassionate appointment i.e. dependents of employees who have died in an accident while travelling in a vehicle belonging..........
Rajasthan State Road Transport Corporation Compassionate Appointment Regulations, 2010 -- Regul.4(3) - Claim for Compassionate Appointment - Death of an employee while travelling in a vehicle belonging to Corporation - Claimant who received compensation under the Act is not entitled for compassionate appointment as per Regul.4(3) of Regulation - Respondent therefore not..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - License - Light transport vehicle - Tribunal rightly stated that respondent was holding a valid license to drive offending vehicle as judgment in `Mukund Dewangan case' though referred to larger bench and it has no where been held that a driver possessing driving license for driving light motor vehicle cannot..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(F), (N), Protection of Children from Sexual Offences Act, 2012, Section 5(L)(N)(6) -- Kidnapping and rape - Age of prosecutrix - Admission form and record of school first attended by prosecutrix assume importance but the same was withheld from Court - Prosecutrix was hovering around the age of 18 years - As regarding..........
Punjab Town Improvement Trust Act, 1922, Section 36 -- Acquisition of land - Compensation - 25 acres of land acquired in 1993, which was used for Transport Nagar Scheme, essentially an urban requirement - Rate of Rs.5,25,000 per acre awarded in the year 1989 to be base rate to arrive at appropriate compensation for acquisition in 1993 i.e after four years - Appellants..........
Uttar Pradesh State Road Transport Corporation Employees (Other than Officers) Service Regulations, 1981 -- Regu.8(1) - Drivers - Age of superannuation - Respondents/Drivers when appointed would fall in Group 'D' category and their age of superannuation would be 60 years - However, pay scale of respondent drivers was revised with retrospective effect and in fact they paid..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 21.500 kg poppy husk - Search - Manner in which consent memo was recorded and accused was taken to residence of DSP in a public transport, the very genesis of effecting recovery at the spot was not maintained by I.O - Gazetted Officer is required to come to the spot and verify not only the..........
