Fatal Accidents Act, 1855  - Damages for murder

Compensation claim - Damages for murder - Accused persons also convicted under IPC, 1860 - Learned Civil Judge decreed the suit and awarded compensation of rupees three lakhs to the plaintiffs-respondents along with interest @ 12% per annum - District Judge reduced the amount of compensation to rupees two lakhs, thirty two thousand seven hundred, leaving the rate of interest unchanged - Supreme Court - A suit for damages for murder of a person, is filed under the Act, 1855 to provide compensation to families for loss occasioned by the death of a person caused by actionable wrong - Amount of compensation awarded by the first appellate court upheld while rate of interest reduced to 6% p.a. - Appeal dismissed - No costs.

Found In:  Judgement

Criminal Laws  - Curative petitions

Curative petitions - For recalling the 1996 judgment and order of this Court - Supreme Court - Held - That at every place in the judgment where the Court records the finding or makes an observation in regard to the appropriate charge against the accused, it qualifies the finding or the observation by saying "on the materials produced by the prosecution for framing charge", therefore, on the basis of the material on record, it is wrong to assume that the 1996 judgment is a fetter against the proper exercise of powers by a court of competent jurisdiction under the relevant provisions of the Code - Curative petitions dismissed.

Found In:  Judgement

The Arbitration and Conciliation Act, 1996  - Section 11 (6)

Proceedings - Contractual agreement between parties - After completed said work contractor furnished no claim certificates - Thereafter released final bill and Bank guarantee - Contractor wrote to the appellants with drawing 'No claim' lodged certain claims - Appellant declined - Contractor requested to appellants for appointment of arbitrator - Appellants no appointed arbitrator - Contractor made an application u/s 11 of the Act Civil Judge - Dismissed - Writ before High Court dismissed - Contractor file special leave petition - Allowed - Conduct of the contractor shows accepted the amount voluntarily and the contract was discharged voluntarily - Appeal allowed.

Found In:  Judgement

Bombay Rent Act, 1947  - Section 15 (2)

Sub-letting - Eviction suit - Grounds - Breach of terms and conditions of lease - Unlawfully and illegally parted with possession of lease hold property - Without any licence in writing from lessor - Trial Court decreed - Appellate Court and High Court affirmed said orders - Appeals - Fact remained undeniable - Defendant no.1 made a sub-lease -Parted possession - Suit land in favour of defendant no.2. - Continued to be in its possession - Sub-letting by defendant no.1 in favour of defendant no.2 - Clearly fell within protective ambit of section 15(2) of Bombay Rent Act - Supreme Court - No material change in status of defendant no.2 or in terms and conditions on which it was in possession of suit land on February 1, 2024 - Execution of lease would not constitute a ground for eviction against - Impugned judgments by High Court and Courts below set aside - Original suit dismissed - Appeals allowed - No costs.

Found In:  Judgement

Civil Law  - Legacy rights

Legacy rights - Upon property - Given under Will - Suit for partition - Schedule properties bequeathed by testator vide his will - Plaintiffs contended -they and defendants -members of a composite family - Joint possession and enjoyment - properties of testator - Trial court negated - Plea of adverse possession - Passed a preliminary decree for partition - Favour of plaintiffs -1/3rd share - High Court reversed Judgment and decree of trial court - Appeal - Also look after other female members in family - Immediately after death of testator - As an executor - No legacy came to be vested - Not entitled to any interest in estate of testator from second wife - Not acquire any right, title or interest in properties of testator - Appeal dismissed - No costs.

Found In:  Judgement

Indian Penal Code,1860  - Section 307 , Section 332 , Section 34

Conviction and sentence - Courts below accepted prosecution case A-1, A-2, A-5 and A-6 armed with sword and sticks attacked PW-8 - Injuries caused - Sufficient in ordinary course - Cause death - Incident occurred - 20 years back - No previous criminal background - Reconciliation amongst parties - Already undergone - More than two and a half years - Conviction maintained, sentence awarded by High Court - Reduced to undergone - Appeal partly allowed.

Found In:  Judgement

Special Leave Petition  - Special Leave Petition

Special Leave Petition (SLP) - Filed against revision petition - Revision petition dismissed by National Commission - SLP infructuous.

Found In:  Judgement

Narcotic Drugs and Psychotropic Substances Act, 1985  - Section 8 , Section 21

Conviction and sentence - Personal search - Smack powder recovered - Two independent witnesses of seizure - Declared hostile from the time of seizure till their deposit in FSL - Not clear where samples were laid - Handled by how many people in what ways - Narcotic substance - Seized - Deposited in Malkhana - Two months later - No explanation - Where the seized substance was kept meanwhile - Narcotic powder seized - Never produced before trial court - No evidence to connect forensic report with substance seized - Conviction set aside - Acquittal - Benefit of doubt - Appeal allowed.

Found In:  Judgement

Narcotic Drugs and Psychotropic Substances Act, 1985  - Section 18

Conviction and sentence - Appellant intercepted by police party - Riding on pillion of motorcycle had a bag slung from his shoulder carrying 4 kgs. of opium - Whether appellant said to be in conscious possession of contraband - High Court found - Conscious possession of contraband fully established - Orders of lower Courts upheld - appeal dismissed.

Found In:  Judgement

The Arbitration and Conciliation Act, 1996  - Section 34

Application setting aside arbitral award - Period of limitation - Reckoned from date a copy of award is received by objector by any means and source or from date a signed copy of award is delivered by arbitrator application u/sec. 34 - Trial Court and High Court dismissed - Barred by limitation - Appeal - period of limitation under section 34(3) of the Act - Start date a signed copy of award is delivered to/received by party - Making application - Setting it aside under section 34(1) If law prescribes - Period of limitation - Commence from date on order/award was received - In manner prescribed by law - Impugned judgments of Courts below set aside - Appeal allowed.

Found In:  Judgement