FIRST LAW

Contempt of Courts Act, 1971 - Sections  9,  15, 16 - C ontempt proceedings cannot be initiated against a Judge of Court of Record, on allegations of committing a contempt of his own Court.

The applicant is not a layman, rather he is an Advocate, he should be more vigilant and cautious while making a statement on oath in the form of affidavit before the Court, but he made a bald and false statement on oath before this Court.

Motor Vehicles Act, 1988 -  Ss. 128 &129 -  No motor motorcyclists/ Scooterists shall be permitted to ply the motor cycle/scooter without wearing helmet of I.S.I mark.

Penal Code, 1860 – Ss. 301 & 201 -  Motive - Circumstantial Evidence - deceased was seen alive in the company of appellant - appellant has confessed his crime and made a disclosure statement - recovery of shovel was not linked in commission of offence - The deceased was selling tea and refreshment and the possibility of shovel being in his shop is doubtful - The prosecution has failed to complete the chain in the present case from the very inception, the manner, in which, the deceased had died - Appeal is allowed - Judgment and order is set aside - appellant is acquitted by giving him the benefit of doubt.

Hindu Marriage Act, 1955 - S. 13(B)(2) - Decree of divorce can be passed even before expiry of waiting period of six months, by waiving the period, if the circumstances so require.