The Appellate Court while considering an application filed under Section 389 of Cr.P.C. for suspension of sentence and grant of bail is empowered to suspend the substantive jail sentence of a convicted person, for the reasons to be recorded in the order, pending final disposal of the criminal appeal filed by him, and if he is in confinement, he be released on bail or on his own bond (personal bond).
Death sentence awarded to appellant Dolalal by the trial Court is commuted to imprisonment of remainder of his natural life.
A Mahomedan cannot execute Will for more than 1/3 rd share of his property without consent of all the legal heirs.
For conviction under Section Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, the accused must be in conscious possession of psychotropic substance (ganja).
Presumption can be drawn if Power of Attorney is executed outside India as per the provisions of Section 14 of the Notaries Act, 1952, Sections 57 and 85 of the Indian Evidence Act, 1872 and if Power of Attorney is duly attested as per Section 33 of the Registration Act, unless rebutted by the cogent evidence.
In view of amendment in Section 28 (4) of the CG Panchayat Raj Adhiniyam 1993, petition be preferred before the Director Panchayat instead of Commissioner. The petitioner cannot be allowed to take benefit of his own mistake, as the petitioner has availed remedy before wrong forum. Petition dismissed in limine.
Victim can seek relief for cancellation of bail granted in criminal appeal invoking the Section 482 of Cr.P.C. before the concerned Bench.
Pledge of ornaments, kept for marriage of daughter, and use of consideration for self without knowledge of husband would amount to cruelty.
Levelling of extra marital affair allegation on husband by wife without any evidence without substantiating the same would also amount to cruelty.
High Court of Chhattisgarh
National Highway -130, Bodri Bilaspur, Chhattisgarh 495220