Showing : 1-10 of 6334 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 32B-- Recovery of 609.6 gms heroin - Quantum of sentence - Recovery effected is much higher than commercial quantity - Punishment higher than minimum is thus, justified - Punishment awarded by trial Court of a sentence higher than minimum relying on quantity of substance cannot be faulted - However,..........
TRIPURA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Demand notice, either by express or by reasonable intendment, must inform the party to whom it is given : (i) That the instrument has been dishonoured (the instrument should be identified in the notice, otherwise the notice will be invalid); (ii) In what way the..........
TRIPURA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Plea that loan not advanced through account payee cheque and thus violated the provision of S.269-SS of Income Tax Act - Advancing loan not in consonance with the provision of S.269-SS of Income Tax Act will not make the proceedings u/s 138 of the Act bad in law...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 73-- Will - Comparison of finger/thumb impression over the disputed Will with purported admitted documents - No whisper in the application as to what prevented petitioner for almost seven years from filing applicant before trial Court - Contention that procedural law is for furtherance of justice has..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 90-- Rape - Consent - False promise to marry - If it is established and proved that from inception accused who gave promise to prosecutrix to marry, did not have any intention to marry and prosecutrix gave consent for sexual intercourse on such assurance by accused that he will marry her, such consent..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Payment of Gratuity Act, 1972, Section 14-- Gratuity - Entitlement - Plea that State Act confers restrictive benefit of gratuity than what is conferred under the Central Act - Not tenable as provisions in State Act contemplating payment of gratuity will be inapplicable in respect of employees of local bodies in view of S.14 of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 7-- Arbitration - Clause in agreement as to `deposit-at-call' for ten percent of the amount claimed to seek arbitration to avoid frivolous claims - This clause will discourage arbitration which is contrary to the object of de-clogging the Court system, and would render the arbitral process ineffective..........
KERALA HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13, 11-- Divorce - Res judicata - Grounds for dissolution of marriage are of continuing or recurring nature - If incidents giving rise to cruelty, desertion and adultery are different, cause of action will also differ depending on facts and circumstances - When cause of action is of continuing and..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Hindu Minority and Guardianship Act, 1956, Section 8(3)-- Transfer of property by natural guardian of minor by a registered sale deed in contravention of S.8 of the Act - Alienation made on behalf of minor can be avoided by minor or any person claiming under him - In event, minor dies before attaining majority, obviously, his legal heirs will have right..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 19-- Vested right - Father of minor was given life interest under Will and after his death minor was to get a right - Life estate followed by absolute right created by Will - Absolute right bequeathed in favour of minor became vested in him upon death of his grandfather who executed Will...........

Showing : 1-10 of 6334 Results