The relaxation cannot be claimed as a matter of right and the rule made by the State Government exercising the power conferred under Article 309 of the Constitution of India, is binding in nature.
Section 106 of the Evidence Act would apply in a case where the prosecution has discharged its primary burden of proving the guilt of the accused beyond reasonable doubt.
Upon the State taking any private land of any individual, the authority shall to compensate the person suitably.
Under Article 300 A, no person can be deprived of his property save by authority of or procedures established by law.
Applicability of Section 5 of the Limitation Act is excluded by virtue of sub-section (2) of Section 29 of the Limitation Act in arbitral appeal.
Period of Limitation cannot be extended beyond the period prescribed under Section 34(3) of the Arbitration and Conciliation Act, 1996.
Non-disclosure of criminal antecedents, conviction or acquittal, as required by the Election Rules, amounts to undue influence on voters and election is declared null and void.
Non-compliance of Section 4 of the CG Rent Control Act, 2011 shall not debar the landlord to pursue petition for eviction.
Confessional statement of co-accused can be relied upon as a corroborative piece of evidence by virtue of Section 30 of the Indian Evidence Act, 1872 and conviction cannot solely base on the confessional statement of the co-accused.
The decree of divorce against wife showing her mentally retarded would be nullity, if not represented through next friend.
Death sentence awarded to the appellant is commuted to imprisonment for life by directing that the life sentence must extend to the imprisonment for remainder of natural life of the appellant.
Every action done by the power of attorney holder, will deem to be done by the executant of the power of attorney holder unless restriction is imposed.
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.
High Court of Chhattisgarh
National Highway -130, Bodri Bilaspur, Chhattisgarh 495220
: Sep 23, 2022.
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