Whether the order passed by the Foreign Court falls within the Exceptions to Section 13 of the CPC? Whether the order passed by the Foreign Court amounts to a “decree” and the same is executable?
Order under Section 156(3) of Cr.P.C. requiring investigation by the police, cannot be said to have caused an injury of irreparable nature which requires quashing of the investigation.
The crucial question is whether the assembly entertained a common unlawful object and whether the accused was one of the members of such an assembly by intentionally joining it or by continuing in it being aware of the facts which rendered the assembly unlawful. Without unlawful object no assembly becomes an unlawful assembly.
The course packs were claimed to be material used during course of instruction and therefore photocopying copyrighted material i.e. reproduction had to be determined with reference to u/s. 52(1)(i) of the Copyright Act, 1957, and clause (a) has no relevance.
Inter-State River Water Disputes Act, 1956 – Section 6 cannot be interpreted in an absolute mechanical manner and the words “same force as on order or decision” cannot be treated as a decree for the purpose for excluding the jurisdiction of Supreme Court.
The Protection of Children from Sexual Offences Act (POCSO Act) was brought on the statue book as a complete code for achieving the object of protecting children from offences of sexual assault, sexual harassment and pornography.
The time limit of six months prescribed in the two provisos to Section 9A of the of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 within which an elected person is required to produce the Caste Validity Certificate from the Scrutiny Committee is mandatory.
Government Mental Hospitals – The 1995 Act as well as 1987 Act make ample provision for not only establishment of Homes for the admission, treatment and care of mentally ill persons but also about the maintenance and conditions and facilities to be provided to the inmates, to ensure that the Homes are properly equipped and…
Award of interest at the rate of 18 % on the amount deposited on various time till the actual possession of the plot would have been sufficient to compensate for the loss suffered by him due to the delay in handing over the possession of the plot. The compensation of Rs. 15 lakhs awarded by the…
Navy Order pertaining to re-engagement of Sailors – The norms referred to in para 9 (c) of the Navy Order 02/07 which govern the re-engagement of Sailors of Artificer Cadre do not exist. The first respondent should ensure that the lacuna is removed at the earliest by either making separate norms as mentioned in para 9…
Petitioner seeks mandamus to register an FIR – Since the petitioner has a forum under the provisions of Code of Criminal Procedure, 1973, this Court refrain from issuing the mandamus as sought.
A party to the lis or the third party who considers an order passed by a court as voidable or non est, must approach the court of competent jurisdiction to have the said order setaside on such grounds, as may be available in law.
The Supreme Court of India in Nandini Satpathy Vs. P.L. Dani held that the accused Person cannot be forced to answer questions merely because the answers thereto are not implicative when viewed in isolation and confined to that particular case.
Negotiable Instruments Act, 1881 – Section 138 – Cheque – Part Payment of – Cause of Action – Part payment cannot defeat the entire cause of action.
The Legislature did not intend to tax portion of the “palace” by splitting it in parts. If the Legislature intended to spilt the Palace in part(s), alike houses for taxing the subject, it would have said so by employing appropriate language in Section 10(19A) of the I.T. Act.
Evidence Act, 1872 – S. 113A – Penal Code, 1860 – Ss. 107, 306 & 498A – Abetment of Suicide – In order to convict a person under Section 306 IPC, there has to be a clear mens rea to commit an offence and that there ought to be an active or direct act leading the deceased…
Penal Code, 1860 – Ss. 302 & 307 – accused opened fire, which hit the informant on the side of his head – the accused was overpowered by an uncontrollable fit of anger somuch so that he was deprived of his power of self-control and being drawn in a web of action reflexes, fired at the deceased and the…
The Registry shall not ask for ‘no objection’ of the advocate already on record, to accept the vakalatnama filed by a new Advocate.
Penal Code, 1960 – S. 294 – Obscene acts and songs – the incident has taken place within the house of the complainant wife – the offence is not made out.
The Comptroller and Auditor General is directed to conduct a special audit of all the Centrally Financed Schemes launched to rejuvenate river Ganga as well as the amount spent by the State Governments for rejuvenation of river Ganga, within a period of six months and to place the same before His Excellency, the President of…
National Horticulture Mission Programme (NHM Programme) – Failure of cultivation of G-9 Tissue Culture Banana Plantlets – Whether the petitioner is entitled to any compensation?
Sale Deed executed does not embody any condition as stipulated in Section 58 (e) of the Transfer of Property Act, 1882 would not constitute a mortgage by conditional sale.
Penal Code, 1860 – S. 420 – Dishonest or Criminal Intention of Cheating – the criminal complaint filed against the petitioner is an attempt to convert a civil dispute into a criminal case in order to pressurize the petitioners to pay the amount claimed by the respondent-company towards construction work which clearly amounts to abuse and misuse of…
For an appeal filed under sub-section (1) of Section 19 of the Family Courts Act, 1984, period of limitation prescribed under sub-section (4) of Section 28 of the Hindu Marriage Act, 1955 shall apply.
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Coastal Regulation Zone (CRZ) – Plot reserved for Recreation Ground (RG) – Whether the plot, which is declared to be a RG plot, is transferable or not ?