Sunday, 6 January 2019

Non­compoundable offence - Quashing of criminal proceedings on the ground that the accused and the original Complainant have settled the dispute amicably - Despite any settlement between the Complainant on the one hand and the accused on the other, the criminal proceedings for the offences under Section 307 of the IPC cannot be quashed, as the offence under Section 307 IPC is not compoundable offence

Appeal—Remand of Case—High Court only with the narration of facts dismissed the appeal without examining the evidence of each prosecution witnesses on issues arising in appeal—Matter remanded back

Murder—Death Sentence—Minor girl raped and murdered—Appellant had no criminal antecedents prior to commission of this crime and his post incarceration conduct suggests the possibility of his reform—Death sentence commuted to life sentence

Murder—Appeal against Acquittal—Perversity in the judgment of the trial court has to be demonstrated by the High Court for interfering with the judgment of the trial court

Witness Protection Scheme—Scheme as prepared by Union of India approved by SC and shall come into force with immediate effect Witness Protection Scheme--Vulnerable Witness Deposition Complexes—Directions issued to State and Union Territories to set up such complexes in all the district Courts in India by the end of the year 2019.

Civil Procedure Code, 1908, O.21 R.66--Auction Sale—Setting aside of- -Inadequate Publicity—Authorities committed error in not giving adequate publicity in leading newspaper keeping in view, the value and the potentiality of the land—Directions issued to re-auction the land in question by giving wide publicity in various leading national newspapers having circulation all over India

Insolvency and Bankruptcy Code, 2016—Applicability of Code—Provision of I&B Code cannot be invoked in respect of an operational debt where an Arbitral award has been passed against the operational debtor, which has not yet been finally adjudicated upon.

Hindu Marriage Act, 1955, S.15--Nullity of Marriage-Second Marriage-- During pendency of appeal against divorce decree of first marriage-The restriction placed on a second marriage in Section 15 of the Act till the dismissal of an appeal would not apply to a case where parties have settled and decided not to pursue the appeal