Penal Code, 1860 – Sections 302, 324, 149, 24 – Evidence Act, 1872 – Section 3 – Rustic Witnesses – Witnesses are rustic villagers, uneducated, men of low profile, doing agricultural work – Such witnesses cannot be expected to possess the photographic memory and recall details of the incident mathematically. [Para 27] 2022 Cri.L.J. 2363
Allahabad High Court
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Ss. 11 & 19 (2) – Once a project of public importance, which is good in larger public interest, is being executed and has been completed about 45%, setting aside of acquisition in a petition filed by one of the land owners owning a small portion of the land, will not be in larger public interest.
Habeas Corpus – Custody of Child – the paramount consideration would be welfare of the minor and not the competing rights with regard to guardianship agitated by the parties for which the proper remedy would be before the appropriate statutory forum.
Juvenile Justice (Care and Protection of Children) Act, 2015 – Whether in a revision under Section 102 of the JJ Act, in a matter relating to consideration of bail to a ‘child in conflict with law’, the complainant/victim is to be afforded an opportunity of being heard ? Held, Complainant / Victim to be afforded opportunity of hearing before passing any order in a matter relating to bail of juvenile.
Code of Criminal Procedure, 1973 – Ss. 451, 452 & 457 – Prevention of Cow Slaughter Act, 1955 (Uttar Pradesh) – S. 5A – Regulation on transport of cow – Prevention of Cow Slaughter Act, a special act and local law – Powers u/s 451, 452 & 457 of CrPC not invocable in respect of proceedings under the Act.
Code of Criminal Procedure, 1973 – Section 125 – Merely because the wife was earning some income, it could not be a ground to reject the claim for maintenance. Even the wife is capable of earning, it would not be a sufficient ground to reduce the maintenance awarded by the Family Court. Read More »Dudela Radhakrishna madhukarbhai Rao v. Manisha Radhakrishna Dudela, ICL 2021 (8) All. 710
Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 50 – Code of Criminal Procedure, 1973 – Section 293 – Report of Forensic Science Laboratory is a public document and admissible in evidence – there is no requirement to call the Director of that laboratory to get the report proved. Read More »Jose Luis Quintanilla Sacristan v. State of U.P.
Code of Criminal Procedure, 1973 – Section 374 – Appeals from convictions – In an appeal from a judgment of conviction, the Appellate Court is required not only to review, but re-appreciate the entire evidence on record afresh, and determine for itself, whether the prosecution have succeeded in establishing the charge against the appellant beyond reasonable doubt.Read More »Rajan @ Raja Ram v. State of U.P.
Urban Building Regulation of Letting, Rent and Eviction) Act, 1972 (U.P.) – Section 21 – “bona fide need” – Interpretation of – Proceedings for release of building under occupation of tenant – Whether the need of the landlord for settling her son is bona fide ?Read More »Krishna Kumar Maheshwari v. Asha Gupta