Criminal Procedure Code, 1973, S.451—Release of Property—Court is not merely required to determine the source from which the property was seized— A claim of title to the goods which have been seized is a relevant consideration while passing an order under Section 452

sclaw.in

Indian Penal Code, 1860, S.376—Rape—Consensual Sex—Live-in Relation— Quashing—Held; (i) If the accused has not made the promise with the sole intention to seduce the prosecutrix to indulge in sexual acts, such an act would not amount to rape. (ii) The acknowledged consensual physical relationship between the parties would not constitute an offence under Section 376 of the IPC.

sclaw.in

Election—Two Third majority—If figure of majority comes to fraction, then fraction has to be treated as one and can never be rounded off to lower number because votes cannot be treated as fraction.

sclaw.in

Maintenance—Woman who is not legally wedded wife can claim maintenance under Domestic Violence Act if not entitled to maintenance under S. 125 Cr, P. C

sclaw.in

Cheating—Merely because the accused has not paid the amount due and payable under the agreement; no offence u/s 406 & 420 IPC is made out-Dispute is of civil nature—Complaint quashed.

sclaw.in

Possession--Plaintiff filed suit for possession on basis of title--Plaintiff has to prove his title--Weakness of the defence or the failure of the defendants to establish the title set up by them, would not enable the plaintiff to a decree--Appeal dismissed

sclaw.in

Eviction--Bona fide requirement-- It is always the privilege of the landlord to choose the nature of the business and the place of the business.

sclaw.in

Appointment--An ad hoc appointee appointed for a period of three months as Stenographer, whose term is further extended, should not be allowed to continue in the public interest when he failed in the test.

sclaw.in

Motor Vehicles Act, 1988, S.I66--Accident-Claim Petition-Claims Tribunal is empowered to treat the report of the accident on its receipt as if it is an application made by the claimant for award of the compensation to him under the Act by virtue of Section 166 (4) of the Act and thus has jurisdiction to decide such application on merits in accordance with law.

sclaw.in

Indian Penal Code, 1860, S.302--Murder--Death Sentence converted into life imprisonment-Duty is on the State to show that there is no possibility of reform or rehabilitation of the accused—When the offence is not gruesome, not coldblooded murder, nor is committed in a diabolical manner, the court will impose life imprisonment

sclaw.in